## AttachmentA Memorandum ofUnderstandingwith The Eastgate Regional council ofGovernmentsMEMORANDUM OF UNDERSTANDING AMONG THE EASTGATE REGIONAL COUNCIL OFGOVERNMENTS, THE OHIO ENVIRONMENTAL PROTECTIONAGENCY, THE OHIO DEPARTMENTOF TRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, AND THE FEDERALTRANSITADMINISTRATION-REGION 5 

### The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 ofthe Clean AirAct (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of23 U.S. C. 1 09(j), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartAwith respectto the conformity oftransportation plans, programs, and projectsthat are developed, funded orapproved by the United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to PartA, Section 110 and Part Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Youngstown-Warren, Ohio Metropolitan Statistical area for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of 1990. The six parties to this MOU are as follows, hereafter referred to as "all parties": Eastgate Regional Council ofGovernments (Eastgate) Federal HighwayAdministration-Ohio Division (FHWA-OH) Federal TransitAdministration-Region 5(FTA-R5) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental ProtectionAgency (Ohio EPA) United States Environmental Protection Agency-Region 5(U.S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 ofthe CAA Amendments of 1990 and will govern conformity determinations in the Eastgate area. Eastgate is the MPO for Mahoning and Trumbull counties. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, or designation revisions forthe criteria pollutantswithin the Eastgatearea. Execution ofthis MOU by each party shall be by signature ofeach party's representative. The provisions of this MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOU are defined and delineated in the MOU and Attachments A and B.

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### AttachmentA Transportation Air QualityConformity Protocol Conformity Procedures In accordance with the requirements under Section 176 (c}(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues ofnational significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addressestransportation conformity. One ofthe requirements, (f)(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) 

### (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordance with the Administrator's criteria and procedures forconsultation, enforcement and enforceability." States are no longer required to adopt all ofthe provisions of the federal conformity rule. The three required SIP elements are: 1) consultation procedures [40 CFR 93.105]; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR93.125 (c)]. In accordancewith 40 CFR Section 93.105, the SIP orSIP revision shall include proceduresfor interagencyconsultation (federal, state and local}, resolution ofconflicts, and public consultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by Eastgate, state and federal DOTs, local air quality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with Eastgate, state and federal DOTs, in developing applicable implementation plans. Eastgate and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPA and local airqualityand transportation agencies as described in Attachment 

### B. In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), Eastgate will not include emissions reduction credits from any control measures that are not included in their RTPs or TIPs and that do not require a regulatory action in the regional emissions analyses used in the conformity analyses unless Eastgate or FHWA/FTA obtains Page 2

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### written commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on a RTP 

### or TIP, 

### Eastgate will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformity analyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

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### Attachment B InteragencyConsultation Procedures 

### I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions ofa SIP must consult with each other on the development of the SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1 ). These procedures implement the interagency consultation process for Eastgate and include proceduresto be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes one MPO: Eastgate. Eastgate and Ohio DOT perform conformity analysis for the Eastgate area. This analysis is used to make a conformitydetermination forthe area. 

### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR 93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan Amendment Conformity Process 

### Following Eastgate's notice that the transportation plan's air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. Eastgate and Ohio DOT will coordinate the interagencyconsultation process. In accordancewith 40 CFR 93.105 (c), interagencyconsultation will includethefollowing topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emissionfactors to be used in conformityanalysis; • appropriate analysisyears; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation networkand the year ofoperation; • treatment ofregionally significant projectsthat span MPO boundaries; • status ofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the need for interim RTPs (in the event ofa conformity lapse). Page 4 of 17

### Eastgate is the lead agency for development of its transportation plans and amendments thereto. Eastgate is lead agency for the conformity analyses for Mahoning and Trumbull Counties. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parameters for determining transportation plan conformity. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible for conducting those analyses in accordancewith 40 CFR 93.105(c)(2)(ii). Following Eastgate's approval oftheirfinal transportation plan and conformityfinding, Ohio DOTwill provide the final transportation plans and conformity documentation to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Copies ofthe final transportation plans and conformity documentation also will be made available on the EastgateWeb site. b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP Amendments Following Eastgate's notice that the TIP air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformitywill be established. Eastgate and Ohio DOTwill coordinate theTIP transportation conformity interagencyconsultation process. Interagencyconsultation will include the same topics listed for the transportation plan (see Section II. a) as well as the additional topics listed below in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexempt projectswhich should be treated as nonexempt; and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projectsthat can advance during a conformity lapse. ForTIP amendments, Eastgate and Ohio DOT will consult as identified below: Consultation required in situations requiring a conformity determination, including but not limited to:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionallysignificant projectto the TIP; • add non-exempt, regionally significant project that has not been accounted for in the regional emissionsanalysis; and • change in non-exempt, regionally significant projectthat is notconsistentwith the design conceptand scope orthe conformity analyses years. After Eastgate approves itsfinal TIP and conformityfinding, Eastgatewill providethe final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA forjoint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Page 5of 17

### Copies of the final TIPs 

### and conformity documentation will be made available on Eastgate'sWeb site. Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgency Roles and Responsibilities [40 CFR 93.105(b)(2)] Ohio EPA • Reviews and comments on all aspects of the conformity determinations for the RTP and TIP 

### in atimely manner. • Develops, solicits inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformity analyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in atimely manner. Ohio DOT • Participates as a voting member of the Eastgate MPO governing body and associated committees as defined bytheir respective codes of regulations and/or agency bylaws. • Project initiator for state sponsored transportation improvement projects in the Eastgate region. • Works directly with Eastgate in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvement projectsto conduct regional emissions analysis. • Promptly notifies Eastgate of changes in design concept and scope, cost, and implementation yearofregionally significant state sponsored projects. • Assures project level CO and PM hotspot analyses are included in Eastgate region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as required;. • ImplementsTCMsforwhich Ohio DOT is responsible in atimelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures are also implemented on locallysponsored highway projects. • Assists Eastgate with travel demand modeling and mobile source emissions estimating processes. Eastgate • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentation for interagencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Workwith Ohio DOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analyses. • Preparetransportation plan/TIP conformity documentation. • Includefunding for SIP mandatedTCMs in the transportation plan and TIP. • Adopttransportation plan/TIPand make conformitydeterminations.

Page 6 of 17U.S. EPA 

### • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budgets used for making conformitydeterminations. • Reviews and comments on transportation plan and transportation improvement program documentation in keeping with participation plan requirements. • Reviews and comments on conformitydeterminations forthe transportation plans and transportation improvement programs. FHWAIFTA 

### • Consultwith U.S. EPA on conformity determinations

.. • Provide guidance on transportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Work with transit agenciesto ensurethat conformity procedures are implemented in transitagency-sponsored projects. • Maketransportation plan/TIP conformitydeterminations 

### IV. State Implementation Plan (SIP) Consultation Process [40 

### CFR 93.105] a) SIP Consultation Structure and Process 

### Ohio EPA is responsible for preparing the SIP. If new transportation control strategies orTCMs are considered necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthat will be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/ormaintain federal airqualitystandards, transportation and othercontrol strategies that may be necessary to achieve these standards, contingency measures, and othersuch technical documentation as required. Pursuantto 40 CFR 93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by Eastgate, Ohio DOT and otheragencies and the public. Eastgate and Ohio DOT develop the travel activity and emissions data that are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIPwith consultation from Ohio EPAon the inputsfor Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/or maintainfederal airqualitystandards, Ohio EPAwill provide Eastgate and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, thatwill be used forfuture conformity determinations of the RTP and TIP. Priorto publishing the draft SIP, Eastgate and Ohio DOTwill have an opportunityto review and comment on the proposed MVEB. Page 7of 17

### In accordancewith 40 CFR 93.105 (b)(2)(iii) and 40 CFR93.105 (c)(?) Ohio EPAwill circulate the draft SIP for public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in response to comments received. Ohio EPAwill then transmitthe final documentwith amendments, along with the public notice, public hearing transcript and a summary ofcomments and responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR93.105(b)(2)(i)J 

### The following provides a summary on the roles and responsibilities of the different agencies with involvement in developmentand review ofSIP submittals dealing with TCMs oremissions budgets. Ohio EPA 

### • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • Responsiblefortimely SIP submittalto U.S. EPA. Ohio DOT 

### • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analyses ofnewTCMs. • Assists in developing mobile source inventories and analyses as needed. • Participates in reviewing and commenting on draft SIP documents. Eastgate 

### • Responsible for developing regional travel demand forecasts used in the SIP emissions inventories and analyses ofnewTCMs. • Monitorand report on implementation offederal TCMs. • Responsible for providing review and comments on draftSIP documents. U.S. EPA 

### • Receives the Ohio EPA SIP submittals and hasthe responsibility to act on them in atimely manner. • Directly influences the content ofthe submittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings, workshops and hearing that are conducted. • Provides guidance on the Clean AirAct. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Provides concurrence with TCM substitution in the SIP. FHWAIFTA 

### • Provides guidanceon transportation planning regulation. • Participates in the SIP review and comment process.

Page 8 of 17Please note: while these are keyareas andagencies involvedin the developmentofthe SIP, participation in the SIPprocess byotheragencies mayoccur. 

### V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.5) 

### [40 CFR 93.105 (c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWAIFTA NEPA process. FHWAIFTA are responsible for making all project-level conformity determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM2 5 analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethe following: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2 5 conformity analyses which are included in the project's environmental documentpriorto initiating federal authorizations. 

### 2. That the design concept and scope of the project has not changed significantly from that used by Eastgate and Ohio DOT in the most recent regional transportation conformity analyses ofthe RTP and 

### TIP. The Eastgate governing board or policy committee may periodically review and participate with Ohio DOT and other agencies as appropriate in the update ofthe CO and/or PM2
. 5 analyses. Through the NEPA process, Ohio DOT may providetechnical guidance to project sponsorswho usethese procedures. 

### VI. Monitoring ofTransportation Control Measures (TCMs) [40 CFR 93.105 (c)(iv)] As partofthe conformity documentation for an RTP and/orTIP, Eastgate will identify the status ofSIPTCMs. IfTCM emissions reductions are included as part ofthe motorvehicle emissions budget, Eastgate will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, Eastgate will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. Eastgate may propose substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties (see SectionVII below). 

### VII. Substitution ofTCMs in the SIP [40 CFR 93.105 (c)(iv)] Eastgate shall prepare information on and documentation ofthe substitute TCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with Eastgate and U.S. EPA in order to ensure that the requested revision provides an emission reduction equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval ofthe substitute TCM(s), Eastgate will amend the TCM in to its RTP and TIP and workwith the affected project sponsorto implementtheTCM.

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### VIII. Conflict Resolution [40 CFR 93.105 (d)] Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statement of the nature of the conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designeesshall meetto resolve differences in amanneracceptable to all parties. 4. If none of the above steps produces a satisfactory resolution, any participant to this agreement has 14 days to appeal to the Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA of the Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPA does not appeal to the Governor within 14 days, Eastgate and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio DOT, and Eastgate may notdelegate their respective roles. 

### IX. Public Consultation Procedures [40 CFR 93.105 (e)] Eastgate will follow its adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by Eastgate at the beginning of the public comment period and prior to taking formal action on a conformity determination for the RTP and TIP, consistent with these requirements and those of 23 CFR 450.316(a). Meetings of Eastgate are open to the public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. Eastgate also shall provide opportunity for public participation in conformity determinationsfor projects where otherwise required by law.

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signatures appearon separate, multiple pages.

John 

### R. Getchey, P.E. Executive Director Eastgate Regional Council ofGovernments GlennW. Holmes Chairman Eastgate Regional Council ofGovernments ScottJ. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental Protection Agency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration FHWA-OHis leadforUS. DOT 

### Marisol Simon Regional Administrator Region 5 Federal TransitAuthority

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate, Ohio EPA, OhioDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.**/~\** / 

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### . , Date:--'---'----**(~91'(n** 

### R. Getchey, P.E., Executive Director C:astgate Regional Council ofGovernments 

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# &tit~ GlennW. Holmes, Chairman Eastgate Regional CouncilofGovernments

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

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### Date: Craig

## ~r, Director Ohio Environmental ProtectionAgency

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate, OhioEPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

Page 14of 17MEMORANDUM OF UNDERSTANDING TRANSPORTAT!ON CONFORMITY

CONSULTATION PROCEDURES 

### Parties: Eastgate,Ohio EPA, Ohio

### DOT, FHWA, FTA and U.S. EPA Note: Signatures appear on separate, multiple pages.



### _ Date:-'--'-----'-- Susan Hedman, RegionalAdministrator U.S. Environmental ProtectionAgency-Region 5

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.

## CJ_~~~~~q~f;:A~~ Date: 

# 1- Bo -..:::Wt3 ura S. Leffler,

# o· i on nistrator ederal Highway ministration-Ohio Division

Page 16 of17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: Eastgate,OhioEPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappear on separate, multiple pages.

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### -,--::--.,.--.,.--,--..Date: MarisolSimon, RegionalAdministrator FederalTransitAdministration-Region5

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## Attachment B MemorandumofUnderstandingwith The Toledo MetropolitanArea Council ofGovernmentsMEMORANDUM OF UNDERSTANDING AMONG THE TOLEDO METROPOLITAN AREACOUNCIL OF GOVERNMENTS, THE OHIO ENVIRONMENTAL PROTECTION AGENCY, THE OHIO DEPARTMENTOF TRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, AND THE FEDERALTRANSITADMINISTRATION-REGION 5 

### The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 of the Clean AirAct (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of23 U.S. C. 1 090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartAwith respecttothe conformity oftransportation plans, programs, and projects that are developed, funded or approved by the United States Department ofTransportation (U.S. DOT) 

### and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to PartA, Section 110and Part Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Toledo, Ohio Metropolitan Statistical areas for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of 1990. The six partiesto this MOU are as follows, hereafter referred to as "all parties": Federal HighwayAdministration-Ohio Division (FHWA-OH) FederalTransitAdministration-Region 5 (FTA-R5) Ohio Department ofTransportation (Ohio DOT) Ohio Environmental ProtectionAgency (Ohio EPA) Toledo MetropolitanArea Council ofGovernments (TMACOG) United States Environmental ProtectionAgency-Region 5(U.S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in the TMACOG area. TMACOG is the MPO for Lucas and Wood counties. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, ordesignation revisions forthe criteria pollutantswithin the TMACOG area. Execution ofthis MOU by each party shall be by signature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOU are defined and delineated in the MOU and Attachments Aand B.

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### AttachmentA Transportation AirQuality Conformity Protocol Conformity Procedures In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, 

### as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues of national significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specificallyaddressestransportation conformity. One ofthe requirements, (f)(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordancewith theAdministrator's criteria and procedures forconsultation, enforcement and enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIP elements are: 1) consultation procedures [40 CFR 93.105]; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 (c)]. In accordance with 40 CFR Section 93.105, the SIP orSIP revision shall include proceduresfor interagency consultation (federal, state and local), resolution ofconflicts, and public consultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by TMACOG, state and federal DOTs, local air quality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with TMACOG, state and federal DOTs, in developing applicable implementation plans. TMACOG and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPA and local airqualityand transportation agencies as described in Attachment B. In accordance with 40 CFR section 93.122 (a)(4)(ii), priorto making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), TMACOG will not include emissions reduction credits from any control measures that are not included in their RTPs or TIPs and that do not require a regulatory action in the regional emissions analyses used in the conformity analyses unless TMACOG or FHWAIFTA obtains Page2of17

### written commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on a RTP orTIP, TMACOG will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformity analyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

Page 3of 17

### Attachment B InteragencyConsultation Procedures I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consultwith each other on the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency consultation process for TMACOG and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes one MPO, TMACOG. TMACOG and Ohio DOT perform conformity analysis forthe TMACOG area. This analysis is used to make a conformity determinationforthe area. 

### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR 93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and U)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. 

### a) Consultation on Transportation Plan and Transportation Plan Amendment Conformitv Process Following TMACOG's notice that the transportation plan's air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. TMACOG and Ohio DOT will coordinate the interagencyconsultation process. In accordancewith 40 CFR 93.105 (c), interagencyconsultation will include thefollowing topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emissionfactors to be used in conformityanalysis; • appropriate analysis years; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation networkand the year ofoperation; • treatment of regionally significant projectsthat span MPO boundaries; • status ofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on aprevious regional emissions analysis; • conformity process public participation procedures; and • the needfor interim RTPs (in the event ofa conformity lapse). Page 4 of 17

### TMACOG is the lead agency for development of its transportation plans and amendments thereto. TMACOG is lead agency for the conformity analyses for Lucas and Woo Counties. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parameters for determining transportation plan conformity. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible for conducting those analyses in accordancewith 40 CFR93.105(c)(2)(ii). Following TMACOG's approval of their final transportation plan and conformity finding, Ohio DOT will provide the final transportation plans and conformity documentation to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 ofthe FHWA/FTA Statewide and Metropolitan Planning rule. Copies of the final transportation plans and conformity documentation also will be madeavailable on theTMACOGWebsite. b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP Amendments 

### Following TMACOG's notice that the TIP 

### air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformitywill be established. TMACOG and Ohio DOT will coordinate the TIP transportation conformity interagency consultation process. Interagency consultation will include the same topics listed for the transportation plan (see Section II. a) as well as the additional topics listed below in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexempt projectswhich should be treated as nonexempt; and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projectsthat can advance during a conformity lapse. ForTIP amendments, TMACOG and Ohio DOTwill consult as identified below: Consultation required in situations requiring a conformity determination, including but not limited to:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionallysignificant projectto the TIP; • add non-exempt, regionally significant project that has not been accounted for in the regional emissions analysis; and • change in non-exempt, regionally significant projectthat is not consistentwith the design conceptand scope orthe conformityanalysesyears. After TMACOG approves its final TIP and conformity finding, TMACOG will provide the final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA forjoint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Page 5of 17

### Copies of the final TIPs and conformity documentation will be made available on TMACOG'sWeb site. Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgency Roles and Responsibilities [40 CFR 93.105(b)(2)] Ohio EPA • Reviews and comments on all aspects of the conformity determinations for the RTP andTIP in atimely manner. • Develops, solicits inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformity analyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in atimely manner. Ohio DOT • Participates as a voting member of the TMACOG MPO governing body and associated committees as defined by their respective codes ofregulations and/or agency bylaws. • Project initiator for state sponsored transportation improvement projects in the TMACOG region. • Works directly with TMACOG in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvement projectsto conduct regional emissions analysis. • Promptly notifies TMACOG of changes in design concept and scope, cost, and implementation yearofregionallysignificantstate sponsored projects. • Assures project level CO and PM hotspot analyses are included in TMACOG region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as required;. • ImplementsTCMsforwhich Ohio DOT is responsible in atimelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures are also implemented on locally sponsored highway projects. • Assists TMACOG with travel demand modeling and mobile source emissions estimating processes. TMACOG • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentationforinteragencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Workwith Ohio DOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analyses. • Preparetransportation plan/TIP conformity documentation. • Includefunding for SIP mandatedTCMs in the transportation plan and TIP. • Adopttransportation plan/TIP and make conformity determinations.

Page 6 of 17U.S. EPA 

### • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budget used for making conformity determinations. • Reviews and comments on transportation plan and transportation improvement program documentation in keeping with participation plan requirements. • Reviews and comments on conformity determinationsforthe transportation plans and transportation improvement programs. 

### FHWAIFTA • Consultwith U.S. EPAon conformity determinations. • Provide guidance on transportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met • Workwithtransitagenciesto ensurethatconformity procedures are implemented in transit agency-sponsored projects. • Maketransportation plan/TIP conformity determinations 

### IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] a) SIP Consultation Structureand Process 

### Ohio EPA is responsible for preparing the SIP. If new transportation control strategies orTCMs are considered necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthatwill be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintainfederal air qualitystandards, transportation and othercontrol strategies that may be necessary to achieve these standards, contingency measures, and othersuch technical documentation as required. Pursuantto 40 CFR 93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by TMACOG, Ohio DOT and otheragenciesand the public. TMACOG and Ohio DOT developthe travel activityand emissions data that are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIPwith consultationfrom Ohio EPA on the inputsfor Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/or maintain federal air quality standards, Ohio EPA will provide TMACOG and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will be used for future conformity determinations ofthe RTP and TIP. Prior to publishing the draft SIP, TMACOG and Ohio DOTwill have an opportunityto reviewand comment on the proposed MVEB. Page 7of 17

# • In accordancewith 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPAwill circulate the draft SIP for public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in response to comments received. Ohio EPAwill then transmitthe final documentwith amendments, along with the public notice, public hearing transcript and a summary ofcomments and responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] 

### The following provides a summary on the roles and responsibilities ofthe different agencies with involvement in development and review ofSIP submittals dealing with TCMs oremissions budgets. Ohio EPA 

### • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • Responsiblefortimely SIP submittal to U.S. EPA. Ohio DOT 

### • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analyses ofnewTCMs. • Assists in developing mobile source inventories and analyses as needed. • Participates in reviewing and commenting on draft SIPdocuments. TMACOG 

### • Responsible for developing regional travel demand forecasts used in the SIP emissions inventories and analyses ofnewTCMs. • Monitorand reporton implementationoffederal TCMs. • Responsible forproviding reviewand comments on draft SIP documents. U.S. EPA 

### • Receives the Ohio EPA SIP submittals and has the responsibility to act on them in atimely manner. • Directly influences the content ofthe submittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals throughvarious meetings, workshops and hearing that are conducted. • Provides guidance on the Clean AirAct. • Determines adequacy of motor vehicle emissions budget used for making conformity determinations. • Provides concurrence with TCM substitution in the SIP. FHWAIFTA 

### • Provides guidance on transportation planning regulation. • Participates in the SIP reviewand comment process.

Page 8 of 17Please note: while these are keyareasandagenciesinvolvedin the developmentofthe SIP, participationin the SIP

### process byotheragenciesmayoccur. 

### V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.sl [40 CFR 93.105 (c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA NEPA process. FHWA/FTA are responsible for making all project-level conformity determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM2.5 

### analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethefollowing: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM25 

### conformity analyses which are included in the project's environmental document priorto initiatingfederal authorizations. 2. That the design concept and scope of the project has not changed significantly from that used by TMACOG and Ohio DOT in the most recent regional transportation conformity analyses ofthe RTP and TIP. The TMACOG governing board orpolicy committee may periodically review and participatewith Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.5 

### analyses. Through the NEPA process, Ohio DOT may providetechnical guidanceto project sponsors who use these procedures. 

### VI. Monitoring ofTransportation Control Measures (TCMs) [40 CFR 93.105 (c)(iv)] As part ofthe conformity documentation foran RTP and/orTIP, TMACOG will identifythe status of SIP TCMs. IfTCM emissions reductions are included as part ofthe motorvehicle emissions budget, TMACOG will estimate the portion ofemission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, TMACOG will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. TMACOG may propose substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties (see Section VII below). 

### VII. Substitution ofTCMs inthe SIP [40 CFR 93.105 (c)(iv)] TMACOG shall prepare information on and documentation ofthe substitute TCM(s) and submit it to Ohio EPA and U.S. EPAfor review and comment. Ohio EPAwill work with TMACOG and U.S. EPA in order to ensure that the requested revision provides an emission reduction equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval ofthe substitute TCM(s}, TMACOG will amend the TCM in to its RTP and TIP and workwith the affected project sponsorto implementthe TCM.

Page 9

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### VIII. Conflict Resolution [40 CFR 93.105 (d)] 

### Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statement ofthe nature of the conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designeesshall meetto resolve differences in a manneracceptableto all parties. 4. If none of the above steps produces a satisfactory resolution, any participant to this agreement has 14days to appeal to the Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA ofthe Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPA does not appeal to the Governorwithin 14 days, TMACOG, and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio DOTand TMACOG may notdelegatetheir respective roles. 

### IX. Public Consultation Procedures [40 CFR 93.105 (e)] TMACOG will follow its adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by TMACOG at the beginning of the public comment period and priorto taking formal action on a conformity determination for the RTP and TIP, consistentwith these requirements and those of 23 CFR 450.316(a). Meetings ofTMACOG are open to the public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. TMACOG also shall provide opportunity for public participation in conformity determinationsfor projectswhere otherwise required by law.

Page 10of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signaturesappearon separate, multiple pages. Anthony Reams President Toledo Metropolitan Area Council ofGovernments ScottJ. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental Protection Agency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration FHWA-OHis leadforU.S. DOT 

### Marisol Simon Regional Administrator Region 5 FederalTransitAuthority

Page 11 of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES 

## SEP 0 4 2013

Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages

.



# .

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Toledo MetropolitanArea Council ofGovernments

Page 12 of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

### ~7=~~~~,¥-..::::::~'----- Date: Craig utler, Director Ohio Environmental ProtectionAgency

Page 13 of17

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

Page 14of 17MEMORANDUM OfUNDERSTANDING TRANSPORTATIOI\I CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, OhioDOT, FHWA, FTA, and U.S. EPA

Susan Hedman RegionalAdministrator Note:Signatures appearon separate, multiplepages.

UnitedStates Environmental ProtectionAgency Region5

Page 15of17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~~~~;S:~~~A:~~ Date: 

# CJ-Bo

-.;:lOj;S L ra S. Leffler, 1s1on inistrator

ederal HighwayAdministration-Ohio Division

Page 16 of17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: TMACOG, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiplepages.

# ~uW/{J~**:-;;-~""7"::::------::--:--:-7"".,.--,:--:--:---:-** Date: MarisolSimon, RegionalAdministrator FederalTransitAdministration-Region5

Page 17 of 17

## AttachmentC Memorandum ofUnderstandingwith MiamiValley Regional Planning CommissionMEMORANDUM OF UNDERSTANDING AMONG THE MIAMI VALLEY REGIONAL PLANNING COMMISSION, THE CLARK COUNTY-SPRINGFIELDTRANSPORTATION COORDINATING COMMITTEE, THE OHIO-KENTUCKY-INDIANA REGIONAL COUNCILOFGOVERNMENTS THE OHIO ENVIRONMENTAL PROTECTION AGENCY, THE OHIO DEPARTMENTOF TRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, AND THE FEDERALTRANSITADMINISTRATION-REGION 5 

### The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 ofthe Clean AirAct (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of23 U.S. C. 109U), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartAwith respect to the conformity oftransportation plans, programs, and projectsthat are developed, funded or approved by the United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to Part 

### A, Section 110 and Part Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Dayton-Springfield, Ohio Metropolitan Statistical areas for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of 1990. The seven partiestothis MOU are asfollows, hereafterreferred to as "all parties": Clark County-Springfield Transportation Coordinating Committee (CCSTCC) Federal HighwayAdministration-Ohio Division (FHWA-OH) Federal TransitAdministration-Region 

### 5 (FTA-RS) Miami Valley Regional Planning Commission (MVRPC) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental Protection Agency (Ohio EPA) Ohio-Kentucky-Indiana Regional Council ofGovernments (OK!) United States Environmental Protection Agency-Region 

### 5 (U.S. EPA-RS) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in the MVRPC and CCSTCC areas. MVRPC is the MPO for Greene, Miami and Montgomery counties and the cities of Franklin, Carlisle, and Springboro in Warren County (included inthe Cincinnati nonattainmentAir Quality Region). CCSTCC is the MPO forClark County. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, or designation revisions for the criteria pollutants within the MVRPC and CCSTCC areas.

Page 1

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### Execution ofthis MOU by each party shall be by signature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOU are defined and delineated in the MOU and AttachmentsA and 

### B.

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### AttachmentA Transportation AirQualityConformity Protocol Conformity Procedures In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into Jaw the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues ofnational significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specificallyaddressestransportation conformity. One ofthe requirements, (f)(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordancewith theAdministrator's criteria and procedures for consultation, enforcement and enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIPelements are: 1) consultation procedures [40 CFR 93.105]; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 (c)]. In accordance with 40 CFR Section 93.105, the SIPorSIP revision shall include proceduresfor interagency consultation (federal, state and local), resolution ofconflicts, and public consultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by MVRPC, CCSTCC, state and federal DOTs, and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with MVRPC, CCSTCC, state and federal DOTs, in developing applicable implementation plans. MVRPC, CCSTCC and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPA and transportation agencies as described in Attachment B.

In accordance with 40 CFR section 93.122 (a)(4)(ii), priorto making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), Page 3 of21

### MVRPC and CCSTCC will not include emissions reduction credits from any control measures that are not included in their RTPs or TIPs and that do not require a regulatory action in the regional emissions analyses used in the conformity analyses unless MVRPC, CCSTCC or FHWA/FTA obtains written commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implementthose control measures must be fulfilled bythe appropriate entities. Priorto making a conformity determination on a RTP or TIP, MVRPC and CCSTCC will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformityanalyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities.

Page4 of21

### Attachment B InteragencyConsultation Procedures 

### I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consultwith each other on the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency consultation process for MVRPC and CCSTCC and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes two MPOs: MVRPC and CCSTCC. MVRPC, CCSTCC and Ohio DOT, perform conformity analyses for their respective portions of the area, these analyses are combined to make a conformity determinationforthe Dayton/Springfield AirQuality Region. The Ohio-Kentucky-Indiana MPO is responsible for the conformity analysis for the cities of Franklin, Carlisle, and Springboro in Warren County. These cities are within the MVRPC MPO boundary but are included in the CincinnatiAirQuality Region and therefore require aseparate conformity determination. 

### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR 93.1051 Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan Amendment Conformity Process Following MVRPC and CCSTCC's notices that the transportation plans' air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. MVRPC, CCSTCC, and Ohio DOT will coordinate the interagency consultation process. In accordance with 40 CFR 93.105 (c), interagency consultation will include the following topics, as appropriate:

• travelforecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emissionfactors to be used in conformity analysis; • appropriate analysisyears; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation networkand theyear ofoperation; • treatment of regionally significant projects that span MPO boundaries; • statusofTCM implementation; Page 5of21

### • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the need for interim RTPs (in the eventofa conformity lapse). MVRPC and CCSTCC are lead agencies for development of their respective transportation plans and amendments thereto. MVRPC is lead agency for the conformity analyses for Greene, Miami and Montgomery counties. CCSTCC is the lead agency for the development of the associated transportation conformity analyses for Clark County. The cities of Franklin, Carlisle, and Springboro in Warren County are part of the MVRPC MPO but are included in the Cincinnati Air Quality Region within the OKI MPO area. MVRPC will allow OKI to conductthe analysesfor this area. MVRPC will be provided the opportunity to review the analyses. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parametersfordeterminingtransportation plan conformity. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible forconducting those analyses in accordancewith 40 CFR 93.105(c)(2)(ii). Following MVRPC and CCSTCC's approval of their final transportation plans and conformity findings, Ohio DOT will provide the final transportation plans and conformity documentation to FHWAIFTAIUS EPA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule. Copies of the final transportation plans and conformity documentation alsowill be made available on the MVRPC and CCSTCCWeb sites. b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP Amendments 

### Following MVRPC and CCSTCC's notices thatthe TIP air qualityconformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. MVRPC, CCSTCC and Ohio DOT will coordinate the TIP transportation conformity interagency consultation process. Interagency consultation will include the same topics listed for the transportation plan (see Section II. a) as well as the additional topics listed below in accordancewith 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexempt projects which should be treated as nonexempt; and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projectsthat can advance during a conformity lapse. For TIP amendments, MVRPC, CCSTCC, and Ohio DOT will consult as identified below in situations requiring a conformity determination, including but not limited to:

• adding a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • adding a non-regionallysignificant projectto the TIP; Page 6of21

### • adding non-exempt, regionally significant projectthat has not been accounted for in the regional emissions analysis; and • change in non-exempt, regionally significant projectthat is notconsistentwith the design concept and scope orthe conformity analysesyears. After MVRPC and CCSTCC approve their final TIPs and conformity findings, MVRPC and CCSTCC will provide the final TIPs and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA/US EPA forjoint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 ofthe FHWA/FTA Statewide and Metropolitan Planning rule. Copies of the final TIPs and conformity documentationwill be made available on MVRPC and CCSTCCWeb sites. Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgency Roles and Responsibilities [40 CFR93.105{b)(2)] Ohio EPA 

### • Reviews and comments on all aspects of the conformity determinations for the RTP and TIP in atimely manner. • Develops, solicits inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformity analyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in atimely manner. Ohio DOT 

### • Participates as a voting member of the MVRPC and CCSTCC MPOs governing bodies and associated committees as defined by their respective codes of regulations and/oragency bylaws. • Project initiator for state sponsored transportation improvement projects in the MVRPC and CCSTCC region. • Works directly with MVRPC and CCSTCC in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvement projectsto conduct regional emissions analysis. • Promptly notifies MVRPC and CCSTCC of changes in design concept and scope, cost, and implementation year of regionally significant state sponsored projects. • Assures project level CO and PM hotspot analyses are included in MVRPC and CCSTCC region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as required;. • ImplementsTCMs forwhich Ohio DOT is responsible in atimelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures are also implemented on locallysponsored highway projects. • Assists MVRPC and CCSTCC with travel demand modeling and mobile source emissions estimating processes.

Page 7of21MVRPC, CCSTCC, and OKI 

### In the Dayton/SpringfieldAir Quality Region MVRPC and CCSTCCwould: • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentationforinteragencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Work with Ohio DOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analyses. • Preparetransportation plan/TIP conformity documentation. • Includefunding for SIP mandatedTCMs in thetransportation plan and TIP. • Adopt transportation plan/TIP and make conformitydeterminations. In the Cincinnati (Franklin, Carlisle, and Springboro)AirQuality Region MVRPCwould: • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentationfor interagencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes.

o 

### Provide OKI with the design concept and scope of projects in the transportation plan and TIPto conduct regional emission analyses • Preparetransportation plan/TIP conformity documentation. • Includefunding for SIP mandatedTCMs in the transportation plan and TIP.

o 

### Adopt transportation plan/TIP and make conformity determinations. In the Cincinnati (Franklin, Carlisle, and Springboro)AirQuality Region OKI would: • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Conduct the analysis and prepare transportation plan/TIP conformity documentation. If a new conformity determination is needed in the Cincinnati Air Quality Region due to transportation plan/TIP amendments in the MVRPC MPO only, MVRPC would be responsible for initiating interagency consultation and conducting the public participation process and OKI would conduct the conformity analysis and provide conformity documentation. U.S. EPA 

### • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Reviews and comments on transportation plan and transportation improvement program documentation in keeping with participation plan requirements. • Reviews and comments on conformity determinationsforthe transportation plans and transportation improvement programs.

Page 8of21

### FHWA/FTA • Consultwith U.S. EPAon transportation conformity determinations. • Provide guidance on transportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Work with transit agenciesto ensure that conformity procedures are implemented in transitagency-sponsored projects. • Make transportation plan/TIP conformitydeterminations 

### IV. State Implementation Plan (SIP) Consultation Process [40 CFR 93.105] a) SIP Consultation Structure and Process 

### Ohio EPA is responsible for preparing the SIP. If new transportation control strategies or TCMs are necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthatwill be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintain federal airqualitystandards, transportation and othercontrol strategies that may be necessary to achieve these standards, contingency measures, and othersuch technical documentation as required. Pursuantto 40 CFR 93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by MVRPC, CCSTCC, Ohio DOT and otheragencies and the public. MVRPC, CCSTCC and Ohio DOT develop the travel activityand emissions data that are used by Ohio EPA in establishing the on-road motorvehicle emission inventories forthe SIP with consultation from Ohio EPA on the inputsfor Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/or maintain federal airqualitystandards, Ohio EPAwill provide MVRPC, CCSTCC and Ohio DOT with guidance for estimating their impacts on regional em1ss1ons. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will be used for future conformity determinations of the RTP and TIP. Prior to publishing the draft SIP, MVRPC, CCSTCC and Ohio DOT will have an opportunity to review and comment on the proposed MVEB. In accordancewith 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPA will circulate the draft SIP for public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in response to comments received. Ohio EPAwill then transmitthe final documentwith amendments, along with the public notice, public hearing transcript and a summary ofcomments and responses, to U.S. EPA.

Page 9of21b) Agency Roles and Responsibilities [40 CFR93.105(b)(2)(i)] 

### The following provides a summary on the roles and responsibilities ofthe different agencieswith involvement in development and review ofSIP submittals dealing with TCMs oremissions budgets. Ohio EPA 

### • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • Responsible fortimely SIP submittalto U.S. EPA. Ohio DOT 

### • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analyses of newTCMs. • Assists in developing mobile source inventories and analyses as needed. • Participates in reviewing and commenting on draftSIPdocuments. MVRPC and CCSTCC 

### • Responsible for developing regional travel demand forecasts used in the SIP emissions inventoriesand analyses of newTCMs. • Monitorand report on implementation offederal TCMs. • Responsible for providing review and comments on draft SIP documents. U.S. EPA 

### • Receives the Ohio EPA SIP submittals and has the responsibility to act on them in atimely manner. • Directly influencesthe contentofthe submittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings, workshops and hearingthat are conducted. • Provides guidance on the Clean AirAct. • Determines adequacy of motor vehicle emissions budget used for making conformity determinations. • Provides concurrence with TCM substitution in the SIP. FHWAIFTA 

### • Provides guidanceon transportation planning regulation. • Participates in the SIP reviewand comment process. Please note: while these are key

### areas andagencies involvedin the developmentofthe SIP, participation in the SIP

### process byotheragencies mayoccur.



### Page 10 of21

### V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.5) 

### [40 CFR 93.105 {c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA NEPA process. FHWA/FTA are responsible for making all project-level conformity determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM2.5 

### analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethe following: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 

### conformity analyses which are included in the project's environmental documentpriorto initiatingfederal authorizations. 2. That the design concept and scope of the project has not changed significantly from that used by MVRPC, CCSTCC and Ohio DOT in the most recent regional transportation conformity analyses ofthe RTPs and TIPs. The MVRPC and CCSTCC may periodically review and participate with Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.5 

### analyses. Through the NEPA process, Ohio DOT may provide technical guidance to project sponsors who use these procedures. 

### VI. Monitoring ofTransportation Control Measures (TCMs) [40 CFR 93.105 {c){iv)] As part of the conformity documentation for an RTP and/or TIP, MVRPC and CCSTCC will identifythe status of SIP TCMs. IfTCM emissions reductions are included as part ofthe motor vehicle emissions budget, MVRPC and CCSTCC will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, MVRPC and CCSTCCwill describe the steps being undertaken to overcome these obstacles, including means to ensure thatfunding agencies are giving these TCMs maximum priority. MVRPC and CCSTCC may propose substitution ofa new TCM for all ora portion of an existing TCM that is experiencing implementation difficulties (see Section VII below). 

### VII. Substitution ofTCMs in the SIP [40 CFR 93.105 {c)(iv)] MVRPC and/or CCSTCC shall prepare information on and documentation of the substitute TCM(s) and submit it to Ohio EPA and U.S. EPAfor review and comment. Ohio EPAwill work with and U.S. EPA in orderto ensure thatthe requested revision provides an emission reduction equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval MVRPC and/or CCSTCC will amend the TCM(s) in to their respective RTPs and TIPs and work with the affected project sponsor(s) to implement the TCM(s).

Page 11 of21

### VIII. Conflict Resolution [40 CFR 93.105 (d)] Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statement of the nature of the conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptableto all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designeesshall meetto resolve differences in a manneracceptableto all parties. 4. If none of the above steps produces a satisfactory resolution, any participant to this agreement has 14daysto appeal tothe Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA of the Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPA does not appeal to the Governor within 14 days, MVRPC, CCSTCC and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio DOT, MVRPC and CCSTCC may not delegate their respective roles. 

### IX. Public Consultation Procedures [40 CFR 93.105 (e)] MVRPC and CCSTCC will follow their respective adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by MVRPC and CCSTCC at the beginning ofthe public comment period and priorto taking formal action on a conformity determination for the 

### RTP and TIP, consistent with these requirements and those of 23 CFR 450.316(a). Meetings of MVRPC and CCSTCC are open to the public. Any charges imposed for public inspection and copying should be consistentwith the fee schedule contained in 49 CFR 7.43. These agencies also shall provide opportunity for public participation in conformity determinations for projects where otherwise required by law.

Page 12 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signaturesappearon separate, multiple pages.

Brian 0. Martin Executive Director MiamiValley Regional Planning Commission ScottSchmid Transportation Director Clark County-Springfield Transportation Coordinating Committee Mark Policinski Executive Director Ohio-Kentucky-Indiana Regional Council ofGovernments Scottj. 

### Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental Protection Agency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration FHWA-OHisleadforU.S. DOT 

### Marisol Simon Regional Administrator Region 5 Federal TransitAuthority RobertJ. Shook Chairperson

Page 13of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~~

# ..'0 o ...,

# s::-1-1~ MlChaetLatlliS:Chairperson

# ~**0~** Date:

# f?/1/~o[!> Brian 0. Martin, Executive Director MiamiValley Regional Planning Commission

Page 14 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ::--~~~'="~::::___:J~-=:'-**~=-=---:--Date: ~J;zftA:?f_!:.**  Scot Schmid,Transportation Director ClarkCounty-SpringfieldTransportation Coordinating Committee

Page 15of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES 

# AUG 1

# 3l«<lll

Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

c:-::--:--=:--:-:-:!_::-:---::----,---::-:---:--- 

### Date: Mark Policinski, Executive Director Ohio-Kentucky-Indiana Regional Council ofGovernments

Page 16 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~~~_be::;~- Date:_..;;._5"-:+--f 

## 7-'-f-/--1-/ 

# <{_ Craig tier, Director Ohio Environmental ProtectionAgency

Page 17 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA ·Note: Signatures appearon separate, multiplepages.

# -,---~~----'-<-'"----L!o<=+-f~- Date:

# ---'-f~j'-'q"-+~-/-"'-}- tor ' 

### t ofTransportation

Page 18 of21MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES 

### Parties: MVRPC, CCSTCC, OKI, Ohio

### EPA, Ohio DOT, FHWA, 

### FTAandU.S. EPA Note: Signatures appearon separate, multiple pages.



### ·-----....,.-----Date:_:__...e::::.---''----''-- Susan Hedman, RegionalAdministrator U.S. Environmental ProtectionAgency-Region 5

Page 19of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.

## ~t:f:~~g~fr_~~~:....,..- Date: 

# 1-30-iJ0/3 auraS. Leffle , ivis dministrator Federal HighwayAdministration-Ohio Division

Page 20 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MVRPC, CCSTCC, OKI, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA 

### Note: Signatures appearon separate, multiple pages.

# -~----_.:__~...!___·_~_/ ____

### Date: Marisol Simon, Regional Administrator FederalTransitAdministration-Region5

Page 21 of21

## Attachment D MemorandumofUnderstandingwith The Kentucky, Ohio,WestVirginia Interstate Planning Commission (KYOVA)

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA
(a) General

-- This document establishes a Memorandum of Understanding (MOU) among the Kentucky, Ohio, WestVirginia Interstate Planning Commission (KYOVA), the Ohio Environmental Protection Agency (Ohio EPA), the Ohio Department of Transportation (ODOT), the West Virginia Department of Environmental Protection (WVDEP), the West Virginia Department of Transportation (WVDOT), the Federal Highway Administration (FHWA), the Federal Transit Authority (FTA), and the United States Environmental Protection Agency (U.S. EPA). This MOU details the interagency consultation, resolution of conflict, public consultation criteria and procedures required by the federal transportation conformity regulation Title 40 ofthe Code of Federal Regulations (CFR) Section 93.105, and the enforcement and enforceability provisions set forth in 40 CFR 93.122(a)(4)(ii) and 93.125(c). The terms used in this MOU shall have the meaning given them by 40 CFR 93.101 and the structure ofthe MOU generallyfollows thatof40 CFR93.105.

KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA are the specific parties with respect to the interagency consultation, resolution of conflict and public consultation procedures under this MOU. KYOVA will be considered the primary responsible metropolitan planning organization (MPO). Through coordination with FHWA Ohio division, the United States Department of Transportation (U.S. DOT) and FTA also are involved in the interagency consultation process, and have review and/or approval functions at various stages ofthetransportation conformitydetermination process.

KYOVATransportation Conformity MOU Page 1of24

### The transportation conformity provisions in the federal Safe, Accountable, Flexible, EfficientTransportation EquityAct: A Legacyfor Users (SAFETEA-LU), and Section 176(c) of the federal Clean Air Act (CAA) require submission of a State Implementation Plan (SIP) revision to U.S. EPA. This SIP revision must include procedures for interagency consultation (federal, state and local), resolution ofconflict, and public consultation as setforth in 40 CFR 93.105, and provisions for written commitments for control and mitigation measures required by 40 CFR 93.122(a)(4)(ii) and 40 CFR 125(c). These procedures and commitments are described in sub-sections (a)(1) through (a)(4) and sections (b) through (e) of this MOU. Public participation procedures will be maintained in accordance with 23CFR450 and are addressed in section (e).
(a)(1) Ohio EPAwill prepare and submitto U.S. EPA a SIP revision that includes the interagency consultation, resolution of conflict, public consultation, enforcement and enforceability procedures set forth herein, as mutually agreed by the parties in this MOU. These procedures are to be followed by KYOVA, ODOT and WVDOT with Ohio EPA, WVDEP, FHWA, FTA and U.S. EPA before making conformity determinations; and by Ohio EPA with KYOVA, ODOT, WVDEP, WVDOT, FHWA and FTA in developing applicable implementation plans. Ohio EPA will provide reasonable opportunity for comment from the parties before submitting a SIP revision that directly impacts transportation activities, such as establishing or changing highway vehicle emissions budgets, or transportation control measures (TCMs) in designated nonattainment or maintenance areas. (a)(2) Pursuant to the requirements of 40 CFR 93.105(a)(2), this MOU establishes consultation procedures for KYOVA, ODOT and WVDOT with Ohio EPA, WVDEP, FHWA, FTA and U.S. EPA. These procedures include reasonable opportunity for consultation, including the specific issues described under Section 40 CFR 93.105(c)(1) and Section (c)(1) of this MOU, before conformitydeterminations are made.

KYOVATransportation Conformity MOU Page 2of24

### (a)(3) As set forth in 40 CFR 93.122(a)(4), emissions reduction credit from control measures that are not included in the transportation plan and transportation improvement plan (TIP) and that do not require a regulatory action in orderto be implemented may not be included in the emissions analysis unless the conformity determination includes written commitments to implementation from the appropriate entities. Pursuant to 40 CFR 93.122(a)(4)(ii), written commitmentsto control measures that are not included in the transportation plan and TIP must be obtained prior to a conformity determination and such commitments must be fulfilled.
(a)(4) Pursuantto 40 CFR 93.125(c), KYOVA, other recipient offunds designated under Title 23 of the United States Code (USC) or the Federal Transit Laws, FHWA, or FTA must obtain written commitments to mitigation measures prior to a positive conformity determination, and project sponsors must complywith such commitments.
(b) InteragencyConsultation Procedures

-- General Factors
(b)(1) This MOU provides well-defined interagency consultation procedures whereby representatives of the parties must consult with each other during development of the SIP, the transportation plan, the TIP, and associated conformitydeterminations.
(b)(2) In addition to the interagency consultation procedures outlined in section (a), the procedures also shall include the specific processes set forth in section (c), and generalfactors listed in the next six sections.
(b)(2)(i) Roles and Responsibilities-- When a SIP revision is proposed, it will be the responsibility of Ohio EPA to provide KYOVA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA with relevant documentation at the earliest practical date, but no later than the initiation of a formal public participation process.

KYOVATransportation Conformity MOU Page 3of24

### Should any party require additional information, it is the responsibility of that party to request the information. The party receiving the request must make reasonable efforts to comply in a timely manner. If the party generating the request is dissatisfied with the response or perceives a lack of response and cannot resolve an issue using level one consultation as set forth in section (b)(2)(ii), the conflict resolution procedures under section (d) may be initiated by any party. When a TIP or transportation plan requires a conformity analysis, KYOVA will notify the specified contact persons in the other relevant parties (Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA), and use mutuallyagreed technical procedures in consultation with ODOT to calculate the projected emissions for the transportation plan or TIP. This emissions information will be provided to all the other relevant parties via the specified contact persons in a timely manner. At the earliest practical date, KYOVA will provide to the parties a written finding of conformity or nonconformity. KYOVA will also provide a copy of the TIP or transportation plan, or where applicable, individual project analyses to the other parties at the earliest practical date, but not later than the initiation of a formal public participation process. KYOVA will maintain a public involvement process consistent with the KYOVA Public Participation Plan as required by23 CFR Part450.
(b)(2)(ii) Regular Consultation

-- To the extent practicable, regular consultation (level one) shall be routine interaction on an informal basis, consultation and/or negotiation that occurs among specified contact persons in KYOVA, ODOT, Ohio EPA, WVDEP, WVDOT and other MPOs as necessary. Each party will designate a specific contact person(s) for technical transportation conformity consultations. The initial list of contacts is contained in the Appendix to this MOU. The specified contact person(s) may be assigned or reassigned this duty as necessary by the involved parties. The other parties must be notified ofany such assignment change in atimely manner, in orderto facilitate the interagency consultation process. If an issue cannot be resolved through level one

KYOVATransportation Conformity MOU Page4 of24

### consultation, then the conflict resolution procedures under section (d) may be initiated byany party.
(b)(2)(iii) Access to Documentation

-- As previously stated in section (b)(2)(i), relevant documentation will be provided by the responsible party at the earliest practical date, but not later than the initiation of a formal public participation process. Distribution of detailed technical or supporting documentation is not required for initial review or distribution. However, the responsible party must inform the other parties of the existence of such detailed documentation along with a content summary upon initial notification. Upon request by other parties, the responsible party must furnish the detailed technical or supporting documentation in atimely manner. (b)(2)(iv) Meeting Frequency and Agendas-- No regularly scheduled interagency consultation meetings are established herein. However, should any party perceivethe need for a meeting, it is the responsibility ofthat partyto requestthe meeting. Any party may initiate a meeting communication (e.g. e-mail) or by written request. via telephone, electronic If the parties concur, the meeting may be conducted via teleconference. The initiating party will have the responsibility to establish the agenda and to determine a mutually agreeabletime and place to meet. The other parties' contact persons will make reasonable and timely efforts to participate in the meeting. If suitable meeting arrangements cannot be made or if an issue remains unresolved, the conflict resolution procedures under section (d) maybe initiated byany party.
(b)(2)(v) Significant Comments

-- If any party to this MOU provides significant written comments regarding any transportation conformity matter, it will be the responsibility ofOhio EPA (in the case ofa proposed SIP revision) or KYOVA, in consultation with ODOT and WVDOT (in the case ofa TIP ortransportation plan revision), to provide a substantive written response to the party in a timely manner. The party responsible for generating a response document will include

KYOVATransportation Conformity MOU Page 5of24

### both the comments and the response in the official record. Ifthe response is not satisfactory to the receiving party, the conflict resolution procedures under section (d) may be initiated by any party.
(b)(2)(vi) Development of TCMs

-- If Ohio EPA anticipates utilizing TCMs to obtain emissions reductions in a nonattainment or maintenance area, the other parties will be consulted early in the process to determine the effectiveness and feasibility ofsuch measures in obtaining the desired emission reductions. IfOhio EPA subsequently proposes a SIP revision that includes TCMs, the department will notify KYOVA, ODOT and WVDOT as soon as practical, but no laterthan the beginning of anyformal public participation process, and provide each party the opportunityto provide input.
(c) Interagency Consultation Procedures and Specific Processes

-- Interagency consultation procedures also shall includethefollowing specific processes. (c)(1) A consultation process involving KYOVA, ODOT, Ohio EPA, WVDOT, WVDEP, U.S. EPA, and FHWAforthefollowing sixsections.
(c)(1)(i) Hot-SpotAnalyses and Regional Emissions Analyses-- KYOVA, ODOT, WVDOT and Ohio EPA will mutually agree on the evaluation and choice of a model (or models), associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses. The parties will use the most current available U.S. EPA and FHWA policy and guidance as the primary determining factors regarding choice ofmodel and emission analysis methodology.
(c)(1)(ii) Regionally Significant Projects

-- Based on professional judgment, KYOVA, in consultation with ODOT and/or WVDOT, will make a preliminary determination ofwhich minorarterials and othertransportation projects should be considered "regionally significant"forthe purposes of regional emissions analysis (in addition to those functionally classified as principal arterial, higher or fixed

KYOVATransportation Conformity MOU Page 6of24

### guide way systems or extensions that offer an alternative to regional highway travel), and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP. Such determination will be included in an appropriate document along with a brief rationale and justification. KYOVAwill notifythe otherparties in atimely manner, and upon request, will provide copies of such documentation. If a regionally significant determination is contested and cannot be resolved using level one consultation procedures, the conflict resolution procedures under section (d) may be initiated by any party.
(c)(1)(iii) Evaluation of Exempted Projects

-- KYOVA, in consultation with ODOT and WVDOT, will evaluate whether projects otherwise exempted from meeting the requirements of 40 CFR 93.126 and 40 CFR 93.127 should be treated as non-exempt in caseswhere potential adverse emission impacts may existforany reason. KYOVA will notify FHWA, Ohio EPA, ODOT and WVDEP of its preliminary determination in a timely manner. It is expected that any project consistent with 40 CFR 93.126 or 40 CFR 93.127 will not have a regional air quality impact. However, any party to this MOU may initiate a review of a project's impact if there is reason to believe that a particular project warrants further scrutiny. The parties will evaluate relevant information and reach a consensus using level one consultation procedures. If a consensus cannot be reached, or an issue remains unresolved, the conflict resolution procedures undersection (d) may be initiated by any party.
(c)(1)(iv) Obstacles to TCM Implementation

-- As required by 40 CFR 93.113(c)(1), KYOVA, in consultation with ODOT and WVDOT, will determine whether past obstacles to implementation of TCMs which are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether parties with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs. This process also must consider whether delays in TCM implementation

KYOVATransportation Conformity MOU Page 7of24

### necessitate revisions to the applicable implementation plan to remove TCMs or substitute TCMs or other emission reduction measures. If Ohio EPA anticipates utilizing a TCM to obtain emissions reductions in a nonattainment or maintenance area, Ohio EPA will consult with the other parties early in the process to determine the effectiveness and feasibility ofsuch measures. IfOhio EPA subsequently proposesto include aTCM in a SIP revision, the other parties must be notified as soon as practical, but no later than the start of the formal public participation process. (c)(1)(v) Notification of Revision

-- KYOVA will notify FHWA, ODOT, Ohio EPA, WVDEP and WVDOT of transportation plan or TIP revisions or amendments which merely add or delete exempt projects listed in 40 CFR 93.126 or 40 CFR 93.127. As soon as practical, but no later than one week before the adoption of such transportation plan or TIP revisions or amendments, KYOVA will provide a copy ofthe revision or amendment to ODOT, Ohio EPA, WVDEP and WVDOT. Each projectwhich is exempt under40 CFR 93.126 or40 CFR 93.127 will be so noted.
(c)(1)(vi) Rural Nonattainmentand MaintenanceAreas-- The partiesto this MOU will establish appropriate conformity tests and methodologies for isolated rural nonattainment and maintenance areas as required by 40 CFR 93.109(1)(2)(iii). In the event that rural areas are designated nonattainment or a maintenance area, the parties will use level one consultation to choose and establish appropriate conformitytests and methodology protocolsforthe area(s). Ifan issue cannot be resolved using level one consultation, the conflict resolution procedures under section (d) may be initiated by any party.
(c)(2) A consultation process involving KYOVA, ODOT, WVDOT, Ohio EPA and WVDEPforthe following two sections.

KYOVATransportation Conformity MOU Page 8 of24

### (c)(2)(i) New Conformity Determinations

-- KYOVA, ODOT and WVDOT will evaluate events which may trigger new conformity determinations in addition to those triggering events established in 40 CFR 93.104. It is expected that most events which may trigger a new conformity determination are clearly established in 40 CFR 93.104. However, any of the parties may initiate a review of other events which may trigger a new conformity determination if there is reason to believe that a particular event warrants closer scrutiny. The parties will evaluate relevant information and attempt to reach a consensus on whether or not an event warrants a new conformity determination. Ifan issue can not be resolved using level one consultation, the conflict resolution procedures under section (d) may be initiated by any party.
(c)(2)(ii) Cross-Border Consultation

-- Using level one consultation, KYOVA, ODOT and WVDOT will be responsible for notifying other responsible MPOs, adjacent MPOs, Ohio EPA and WVDEP regarding transportation activities that cross the borders of MPOs nonattainment areas or basins. The parties to this agreementand any party so notified may request relevant information or initiate a meeting to examine and evaluate the impacton airqualityofsuch activities. The contacted parties must make reasonable efforts to provide requested information in a timely manner, assist in selecting a suitable place and time for requested meetings, and ensure representatives participate in the meetings. Ifappropriate information is not supplied in atimely manner, or suitable meeting arrangements cannot be made, or ifan issue remains unresolved, conflict resolution procedures under section (d) may be initiated by any party. In the event that transportation activities cross state boundaries, KYOVA, ODOT and WVDOT will notify the other state's responsible MPO or adjacent MPO, which will then have the responsibility of coordinating those activities with that state's air agency and transportation department. If no other MPO has responsibility for such transportation activities, KYOVA, ODOT and WVDOT will coordinate those activitiesdirectlywith thatstate's air agency and transportation department.

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### (c)(3) Projects Outside of Metropolitan Area --Where the metropolitan planning area does not include an entire nonattainment/maintenance area, KYOVA, ODOT, WVDOT, Ohio EPA and WVDEP will use level one consultation procedures to achieve cooperative planning and analysis and determine conformity of all projects outside the metropolitan area and within the nonattainmentor maintenance area. Ifany issue cannot be resolved using Level One consultation, the conflict resolution procedures under section (d) may be initiated byany party.
(c)(4) Construction Plans of Regionally Significant Projects-- Itwill be the shared responsibility of ODOT, KYOVA and WVDOT to identify regionally significant transportation projects which may be subjectto federal transportation conformity requirements but which are not FHWA/FTA projects (including projects forwhich alternative locations, design concept and scope, or the no-build option are still being considered), including those by recipients offunds designated under Title 23 USC or the Federal Transit Laws. One ofthese parties will initiate level one consultation with Ohio EPA and WVDEP to mutually ensure that proper conformity procedures are followed. Once such projects are identified, KYOVA will be responsible to closely monitorthe projects in orderto identifyany changes in concept, scope or location which may require a new conformity determination, and advise Ohio EPA and WVDEP of any such change. Non-FHWA/FTA projects which do not originate as state-funded ODOT highway projects should be disclosed to one or more of the parties at an early stage of proposal or development, but no later than the receipt of any related permit application, so that appropriate conformity procedures may be followed.
(c)(5) Regionally Significant Project Determinations

-- In cases when a project sponsor of a regionally significant transportation non-FHWA/FTA project described in section (c)(4) discloses to KYOVA, ODOT or WVDOT that the project is under consideration for development, KYOVA, ODOT and WVDOT will determine whether the proposed project is sufficiently committed for

KYOVATransportation Conformity MOU Page 10 of24

### implementation by the sponsor to warrant inclusion in the regional emissions analysis. If such inclusion is warranted, and after consultation with the project sponsor, KYOVA, ODOT, WVDOT, Ohio EPA and WVDEP, will determine the most reasonably expected development scenario regarding project schedule, concept, scope and location, in sufficient detail to allow conformity determination proceduresto be applied to the proposed project.
(c)(6) Research and Collection of Data

-- The parties will use level one consultation to facilitate the design, schedule and funding of any research and data collection effort and regional transportation model development by KYOVA, ODOTand WVDOT (e.g., household/traveltransportation surveys).
(c)(7) Final DocumentAvailability-- The parties will use level one consultation to discuss and distributefinal documents (including applicable implementation plans and implementation plan revisions) and supporting information to each party after final approval or adoption. The responsible party (that is, the party which is initiating some action subject to these consultation procedures) will notify specified transportation conformity contacts at U.S. EPA and FHWA as soon as practical but no laterthan the beginning ofanyformal public participation process associated with the action. U.S. EPA and/or FHWA may request copies of relevant documents. The responsible party also will provide requested documentation as soon as practical, but no later than 10 calendar days prior to the end of the associated formal public participation process. Detailed supporting and/or technical information related to final documentation need not necessarily be distributed to all parties. However, the responsible party must inform the other parties ofthe existence ofsuch detailed information along with a content summary upon distribution of the final documentation. Final documentation and detailed supporting/technical information will be made available in a timely manner to U.S. EPA and FHWA or any party upon request. U.S. EPA and/or FHWA may specify conditions underwhich they will be notified priorto the consultation meetings called by the parties. The parties will do so in

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### a timely manner, and make reasonable efforts to allow the federal contacts to observethe proceedings and provide comment.
(d) Levels of Consultation and Conflict Resolution

-- For the purpose of facilitating interagency consultation, negotiation and resolution of conflict, the parties shall agreeto thefollowing three levelsofconsultation.
(d)(1) Level one consultation, as described in section (b)(2)(ii), is routine consultation and/or negotiation that occurs among specified contact persons in KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA and U.S. EPA. In any circumstance where an issue cannot be resolved through level one consultation, the unresolved issue may be elevated to level two consultation by any party.
(d)(2) Level two consultation is consultation and/or negotiation that occur among KYOVA's executive director or chief administrative officer, the ODOT director of transportation, the Ohio EPA director, the WVDEP cabinet secretary, and the WVDOT cabinet secretary. In any circumstance where an issue cannot be resolved through level two consultation, the unresolved issue may be elevated to level three consultation. KYOVA, ODOT orWVDOT shall cite 40 CFR 93.105(d) and provide written notification to Ohio EPA's representative of any unresolved issue orconflictthat requires level three consultation.
(d)(3) Level three consultation requires the Governor, or his or her designated representative, to resolve any conflict that cannot be resolved under level two consultation and negotiation. Ohio EPA shall have 14 calendar days to appeal a proposed determination of conformity (or other policy decision under this agreement) to the Governor after KYOVA, ODOT or WVDOT has notified Ohio EPA ofthe resolution ofall significant comments on such proposed determination of conformity or policy decision. Such 14 day period shall commence when KYOVA, ODOT or WVDOT has confirmed receipt by Ohio EPA ofthe resolution of Ohio EPA's comments. Ohio EPA must provide notice of any appeal under

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### level three consultation to KYOVA, ODOT or WVDOT. If Ohio EPA appeals to the Governor, the final conformity determination must have the concurrence of the Governor. If Ohio EPA does not appeal to the Governorwithin 14 calendar days, KYOVA, ODOT or WVDOT may proceed with the final conformity determination. In no circumstance may the Governor's designated representative in this process be the head orstaffofOhio EPA, ODOT, WVDEP, WVDOT orKYOVA.


### (e) Public Consultation Procedures-- KYOVA, ODOT and WVDOT will maintain a proactive public consultation process which provides opportunity for public review and comment by providing reasonable public access to technical and policy information considered by KYOVA, ODOTand WVDOT at the beginning of the public consultation period and prior to taking formal action on a conformity determination for all transportation plans and TIPs consistent with the requirements of 40 CFR 93.105(e) and 23 CFR 450.316(b). Any charges imposed for public inspection and copying will be consistent with the fee schedule contained in 49 CFR 7.43. Any comment received during the public consultation period will be properly documented and addressed in writing priorto a formal conformity determination. KYOVA, ODOT and WVDOT will provide opportunity for public involvement in project conformity determinations where otherwise required by law.
(f) Severability.

-- The provisions and procedures set forth in this MOU are severable and if any provision, procedure, or part thereof shall be held invalid, unconstitutional or inapplicable to any person or circumstance, such invalidity, unconstitutionality or inapplicability shall not affect or impair any remaining provision, procedure, section or part of this MOU, or their application to any person orcircumstance.

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### (g) Signatory Agreement.

-- The undersigned, as authorized representatives of the agency, organization or party indicated, do hereby mutually agree to adopt, implement and abide by the procedures for interagency consultation, resolution of conflict, public consultation and enforcement and enforceability procedures herein, and shall ensure that said agency, organization or party will abide by the terms ofthis MOU in orderto satisfythe consultation requirements set forth in 40 CFR 93.105, and the enforcement and enforceability provisions of 40 CFR 93.125(c) and 40 CFR 122(a)(4)(ii). This MOU becomes effective and binding on the date of the final signature below, but also may be executed in separate counterparts, in which case the final agreement will have the same force and effectas ifexecuted singly.

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S.EPA

LIST ofSIGNATORIES Note: Signatures appearon separate, multiple pages. Jason Stephens Chairman KYOVA Interstate Planning Commission ScottJ. Nally Director Ohio Environmental ProtectionAgency JerryWray Director Ohio DepartmentofTransportation Randy C. Huffman CabinetSecretary WestVirginia Departmentof Environmental Protection Paul Mattox, Jr., P.E. Cabinet Secretary WestVirginia DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental ProtectionAgency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration Marisol Simon Regional Administrator Region 5 Federal TransitAuthority

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES KYOVA, Ohio ODOT, WVDEP, WVDOT, FHWA, FTAand U.S. EPA

KYOVATransportation Conformity MOU 16ol24

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA Note: Signaturesappearon separate, multiple pages.

# ~ ' Dale 

# "s-/1/J<f**craig~ler** Director Ohio Environmental Protection Agency

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiplepages.

KYOVATransportation Conformity MOU Page 18 of24MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTA and U.S. EPA Note: Signatures appearon separate, multiple pages.

Susan Hedman Regional Administrator Region 5 U.S. Environmental ProtectionAgency

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT, WVDEP, WVDOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.

# ~k~Date:

# \?'v\v Randy C. Huffman Cabinet Secretary WestVirginia Departmentof Environmental Protection

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT,WVDEP,WVDOT, FHWA. FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.

# Jl-4~~~~~~L_- Date:

# _:__/<::>-'/_!_,C._,_/;-<-)_ Paul MattoxJr., P.E. CabinetSecretary WestVirginia DepartmentofTransportation

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### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT,WVDEP, WVDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~~~ !VISion Adm1mstrator Date: 

## Cj -3D-.;l.Ot.S



### Ohio Division Federal HighwayAdministration

KYOVATransportation ConformityMOU Page22 of24

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: KYOVA, Ohio EPA, ODOT,WVDEP, WVDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

Marisol Simon Regional Administrator Region 5 FederalTransitAdministration Date:

### ~ 

## 'd..

## 7·2-0f}?

KYOVATransportation Conformity MOU Page 23 of24

### APPENDIX Initial List ofLevel One Consultation Contactsforthe Memorandum ofUnderstanding Transportation Conformity Consultation Procedures Parties: KYOVA, Ohio EPA, ODOT,WVDEP, WVDOT, FHWA, FTA and U.S. EPA

Mr. Saleem A. Salameh, P.E. Transportation Study Director KYOVA Interstate Planning Commission 720 Fourth Avenue Huntington, WV 25701 Mr. Mike Maleski Environmental Specialist2 Ohio EPA- DAPC P.O. Box 1049 Columbus, OH 43216-1049 Mr. Dave Moore MPO Program Manager ODOT-Systems Planning and Program Mgmt. 1980W. Broad Street Columbus, OH 43223 Mr. Sam Granato Transportation Engineer ODOT-OfficeofTechnical Services 1980W. Broad Street Columbus, OH 43223 RichardWarner, P.E. Assistant Director WVDOT-Planning & Research Division Building Five, 8th Floor 1900 Kanawha Blvd,. East Charleston, WV25305-0430 MarkWhite, P.E. CMAQ Coordinator WVDOT- Division ofHighways Building Five, 8th Floor 1900 Kanawha Blvd., East Charleston, WV 25305-0430 Mr. William Frederick Durham Assistant Director, Planning WVDEP, Division ofAirQuality 601 57th Street, SE Charleston, WV24304 Ms. Patricia Morris Transportation ConformityCoordinator U.S. EPA- Region 5 (AR-18J) 77 WestJackson Boulevard Chicago, IL 60604 Mr. Frank Burkett* Air QualitySpecialist FHWA-Ohio Division 200 North High Street, Room 328 Columbus, OH 43215-2408 Mr. Martin Kotsch Transportation ConformityCoordinator U.S. EPA Region 3 1650Arch Street (3AP23) Philadelphia, PA 19103-2029 Mr. JeffreyS. Blanton, P.E. Statewide & Urban Planning Engineer FHWA- WestVirginia Division 700 Washington Street E. Charleston, WV 25301 Mr. AnthonyTarone Transportation Program Specialist FTA- Region 3 1760 MarketStreet, Suite 500 Philadelphia, PA 19103

*Ohio FHWA is lead for U.S. DOT and will coordinatewith FTA Region V staffas needed.

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## Attachment E MemorandumofUnderstandingwith The Ohio-Kentucky-Indiana Regional Council of Governments (OKI)MEMORANDUM OF UNDERSTANDING AMONG THEOHIO-KENTUCKY-INDIANA REGIONAL COUNCILOF GOVERNMENTS, THEOHIO ENVIRONMENTAL PROTECTIONAGENCY, THE INDIANA DEPARTMENTOF ENVIRONMENTAL MANAGEMENT, THE INDIANA DEPARTMENTOFTRANSPORTATION, THE MIAMI VALLEY REGIONAL PLANNING COMMISSION, THE OHIO DEPARTMENTOFTRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, THE FEDERAL HIGHWAYADMINISTRATION-INDIANA DIVISION, THE FEDERALTRANSITADMINISTRATION-REGION 5 The purpose ofthis Memorandum ofUnderstanding (MOU) is to implement section 176(c)(4)(E) ofthe Clean AirAct (CAA), as amended (42 USC 7401 et seq.), the related requirements of23 U.S. C. 109U). and regulations under the Code of Federal Regulations (CFR) section 40, Part 93, SubpartAw'1th respectto the conformity oftransportation plans, programs, and projectsthat are developed, funded or approved by the United States Department of Transportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), the Indiana Department of Transportation (INDOT) or other recipients offur1ds undertitle 23 USC orthe Federal Transit Laws (49 USC Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to Part A, section 110 and Part Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Cincinnati-Middletown-Wilmington OH-KY-IN, Combined Statistical Area for National AmbientAirQualityStandards (NAAQS), pursuanttothe CAAAmendments of 1990. The Kentucky portion of the Cincinnati-Middleltown-Wilmington OH-KY-IN area witt have a separate state rule or agreement for transportation conformity consultation, Although the Kentucky agencies ar1d Region 4 federal agencies are not parties to this agreement, the agencies are expected to participate in the consultation meetings and to review materials. These parties are: Kentucky Environmental and Public Protection Cabinet (KEPPC); United States Environmental Protection Agency-Region 4 (U.S. EPA-R4); Kentucky Transportation Cabinet (KYTC); Federal Highway Administration-Kentucky Division (FHWA-KY); and Federal Transit Administration-Region 4 (FTA-R4). These parties do not need to be signatories to this MOU since Kentucky will submit a revision to the Kentucky SIP to address transportation conformity consultation procedures which will be the sarne or substantially similar to these procedures. The 10 parties to this MOU are as follows, hereafter referred to as "all parties": Ohio-Kentucky-Indiana Regional Council of Governments MPO (OK!) Miami Valley Regional Planning Commission (MVRPC) Ohio Environmental Protection Agency (Ohio EPA) Indiana DepartmentofEnvironmental Management (IDEM) Ohio Department ofTransportation (Ohio DOT) Indiana DepartmentofTransportation (INDOT) Federal Highway Adm'1nistration-Ohio Divis'1on (FHWA-OH)



### 1Federal HighwayAdministration-Indiana Division (FHWA-JN) Federal Transit Administration-Region 5 (FTA-R5) United States Environmental Protection Agency-Region 5 (U.S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by section 176 of the CAA Amendments of 1990 and will govem conformity determinations in the OKI MPO area. The OKI region consists of Dearborn County, Indiana; Boone, Campbell, and Kenton counties in Kentucky; Butler, Clermont, Hamilton and Warren counties in Ohio. OKI is responsible for the air quality conformity determination for the region's transportation plans, projects and programs in these counties. Clinton County is outside ofthe OKI region, butis part of the ozone nonattainment area. Ohio DOT is the lead planning agency for Clinton County. MVRPC is the lead planning agencyforthe cities of Franklin, Carlisle and Springboro in Warren CountyOhio. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, ordesignation revisions forthecriteria pollutantswithin the OK! areas. Execution ofthis MOU by each partyshall be by signature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. This MOU along with Attachments A and B defines and delineatesthe roles, processes, and responsibilities ofeach signatoryto this MOU.



### 2

### AttachmentA Transportation AirQualityConformityProtocol Conformity Procedures In accordance with the requirements under section 176 (c)(4)(C) of the CM, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October5, 1995. 

### In this submittal, Ohio EPA adopted state rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues of national significance, while giving state and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specificallyaddressestransportation conformity. One ofthe requirements, (f}(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordance with theAdministrator's criteria and procedures forconsultation, enforcement and enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required conformity SIP elements are: 1) consultation procedures [40 CFR 93.105] (Attachment B); 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)] (AttachmentA); and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 (c)] (Attachment A). In accordance with 40 CFR 93.105, the SIP or SIP revision shall include procedures for interagencyconsultation (federal, state and local), resolution ofconfticts, and publicconsultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part450. The SIP shall include procedures to be undertaken by OKI, stale and federal DOTs, local airquality agencies and U.S. EPA, priorto making transportation conformity determinations, and by state and local air agencies and U.S. EPA with OKI, state and federal DOTs, in developing applicable implementation plans. OKI and Ohio DOTmust provide reasonable opportunityfor consultation with all parties and local air qualityand transportation agencies as described in Attachment B.



### 3In accordance with 40 CFR 93.122(a)(4)(ii), OK! will not include emissions reduction credits from any control measures that are not included in itstransportation plan (TP) ortransportation improvement program (TIP) and do not require a regulatory action, in the regional emissions analyses used in the conformity demonstration unless OK!, or FHWAIFTA obtains written commitments, as defined in 40 CFR 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Priorto making a conformity determination on a TP or TIP, OKI will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformitydemonstration. In accordance with 40 CFR 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA!FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR 93.101, to implementany project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled by the appropriate entities. Priorto making a project-level conformity determination, written commitments will be obtained before such mitigation or control measures are used in a project-level hot-spot conformity analysis [40 CFR 93.125(c)]. Consultation on these commitments will take place as a part of a consultation process prior to the project-level conformity analysis and determination. Interagency consultation for a project-level conformity analysis may occur separately from the consultation used during the developmentofa regional conformitydemonstration.



### 4

### Attachment B interagencyConsultation Procedures I. General Ohio EPAwill submitthese consultation procedures as a revision tothe SIP, whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions ofa SIP must consult with each other on the development ofthe SIP, the TP, the TIP, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency ccnsultation process for OKI and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the TP and TIP in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes two MPO's, eight counties in three states: Dearborn County, Indiana: Boone, Campbell, Kenton counties in Kentucky; Butler, Clermont, Hamilton and Warren counties in Ohio. OKI's TP and TIP address only the MPO area. Clinton County is outside ofthe OKI region, but is part ofthe nonattainment area. Ohio DOT is the lead planning agency for Clinton County. MVRPC is the lead planning agencyfor the cities of Franklin, Carlisle and Springboro in Warren County, Ohio. These analyses are combined to make a conformity determination for the OKI region. KYTC and IDEM are lead planningagenciesfortheir respective areas notwithinthe OKI region. Persons of any organizational level in the signatory agencies may participate in the of the interagency consultation group. All consultation will be open to the public, but not necessitate official public notification. Each agency chooses its representative for interagency consultation, and forwards that person's contact info to OKI whose representative is responsible for maintaining the participant list. Changes in representativeswill be given to OK!. OKI will in turn redistribute ittoall parties. OKI is responsibleforconvening meetings and providing an agenda. Interagency consultation frequency will be as needed, unless there is consensus among the consultation parties to meet on aspecific schedule (i.e. quarterly, biannually, annually, etc.). In most cases, consultation will be via conference call and/or email unless the interagency consultation group decides that certain items may require aface-to-face meeting and could not be handled via conference call oremail. Early in the TP and/or TIP development process, the MPO will develop a schedule for key activities and meetings leading up to the adoption ofthe TP, TIP or amendment to the TP or TIP. In developing the draftTP and/orTIP, the MPO brings important air quality conformity TP and/orTIP related issues to all parties in the interagency consultation group for discussion and feedback. OKI is responsible for making all materials used for these discussions available to the interagency consultation group prior to the ccnsultation sessions. Similar consultation will occurwith TP amendments ifa new regional analys'1s is required. Public participation in the developmentofthe TP and/orTIP will be provided in accordance with OKI's adopted Public Participation Procedures in accordancewith 23 CFR450.



### 5OKI will provide the interagency consultation group an opportunityto review the draft conformity analysis. This review will typically take place during the public review period. This is typically done by e-mail. The interagency consultation group will respond promptly to the OKI staffwith any comments. Members of the public can comment on the draft conformity analysis in accordance with OKI's adopted public participation procedures. All comments received will be included in the final confomnity documentation. OKI and Ohio EPA will be responsible for maintaining a list of any TCMs that are in the applicable SIPforthe OKI area [see section IVa). The following process provides forfinal documentsto be provided to all interagency consultation group members as required by40 CFR 93.105(c)(7): After the OKI Board of Director's (MPO Board) adopts the final TP or TIP and associated conformity determination, OKI will provide the final conformity documentation to FHWA and the interagency consultation group for a federal conformity finding. FHWA will initiate formal consultation and will provide 30 days for written comments from the interagency consultation group members. Ifappropriate, FHWAwill issuethe fomnal conformityfinding on behalfof U.S. DOT. The TP update or amendment becomes effective the date the U.S. DOT conformity finding is issued. The TIP update or amendment only becomes effective after the U.S. DOT conformityfinding is issued, and the FHWA approves the associated TIP update oramendment into Ohio's State Transportation Improvement Program (STIP). OK! will transmit electronic copies ofthe final conformity analysis to the interagency consultation group members and place afinal copy on OKI'sWeb site.



### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR 93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(1)(5), (1)(6), and U)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan AmendmentConformity 

### Process The federal conformity rules at40 CFR Part 93 defines the criteria and procedures bywhich conformity will be established in accordance with 40 CF 93.105 (c), interagencyconsultation will includethefollowing topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emissionfactors to be used in conformity analysis; • appropriate analysis years; • determination of exempt projects and evaluating whether projects otherwise exempted (as listed in 93.126 and 93.127) should be treated as non-exempt;



### 6• determination of which minor arterials and other transportation projects should be considered regionally significant projects forthe purposes of regional emissions analysis (in addition to those functionally classified as principal arterial or higher or fixed guidewaysystems orextensionsthatofferan alternativeto regional highwaytravel; • which projects should be considered to have asignificant change in design concept and scope from thetransportation plan orTIP; • treatment of regionally significant projects (federal and non-federal funded) assumed in thetransportation network and theyearofoperation; • treatmentof regionally significantprojectsthatspan MPO boundaries; • statusofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to federal statewide and metropolitan planning regulations (this item is not a requirement for consultation); • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the needfor interimTP (in the eventofaconformity lapse). OKI is the lead agencyfordevelopment of its transportation plans and amendments thereto. OK! is the lead agency for the development of the associated transportation conformity analyses for the Ohio counties of Butler, Clermont, Hamilton, and Warren, the Kentucky counties of Boone, Campbell and Kenton, and Dearborn County, Indiana. MVRPC, Ohio DOT, KYTC and IDEM are lead agencies for the conformity analyses for their respective areas outside the OKI region. OK! and the interagency consultation group will be provided the opportunityto reviewthe Ohio DOT, and INDOTanalyses priorto inclusion in the overall conformity document. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively decide on aspects of the conformity determination that must be determined through interagency consultation according to the regulations at 40 CFR Part 93. Opportunity for comment and participation is provided in the interagency consultation conferencing and by commenting on draftmaterialsas described in the general ofthis document. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible for conducting those analyses in accordancewith 40 CFR 93.105(c)(2)(ii). b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP Amendments Federal conformity rules at 40 CFR Part 93 defines the criteria and procedures by which conformity will be established. Following OK!'s notice that the TIP air quality conformity process has been initiated, OK! and Ohio DOT will coordinate the TIP transportation conformity interagency consultation process. Interagency consultation will includethe same topics listed for the transportation plan (see section II. a) as well as the additional topics listed below in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexempt projectswhich should be treated as nonexempt; and • determination ofan interim TIP (in the event ofa conformity lapse) inclusive of projects that can advance during a conformity lapse.



### 7ForTIP amendments, OKI and Ohio DOTwill consult as identified below: Consultation required in situations requiring a conformity determination, including but not limited to:

• add non-exempt, regionally significant project that has not been accounted for in the regional emissions analysis; and • change in non-exempt, regionally significant projectthat is notconsistentwith the design conceptand scope orthe conformity analyses years. The interagency consultation group will be provided an opportunityto reviewthe draftTIP or TIP amendment conformity documentation concurrent with the TIP public involvement review period. OKI will respond to any questions orcomments from the consultation parties within 10days. Afterthe public review period OKI will adoptthe final TIP orTIP amendment and conformity determination. OKI will provide the final TIP or TIP amendment and conformity documentation to the affected state DOT(s). The affected state DOT(s) will forward the documents to FHWAIFTAfor final review, incorporation into the STIP and U.S. DOTconformity determination as required by 40 CFR 93.105 (c)(?) and 23 CFR 450.322 of the FHWA!FTA Statewide and Metropolitan Planning rule. Copies of the final TIP or TIP amendmentand confotmity documentation will be made available on OKI'sWeb site.



### Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgencyRoles and Responsibilities [40 CFR 93.105{b)(2)] Ohio EPA, IDEM • Reviews and comments on all aspects ofthe conformity determinations for the TP and TIP in atimely manner; • Develops, solicits input on and adopts motorvehicle emission budgets; • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformity analyses; and • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in as agreed in this document. Ohio DOT, INDOT • Participates as a voting member of the OKI Board of Director's and committees as defined bythe OKI agency bylaws; • Project initiator for state sponsored transportation improvement projects in the OKI region; • Works directly with OKI in providing and reviewing detailed project programming information; • Defines the design concept and scope of state sponsored transportation improvement projects to conduct regional emissions analysis; • Promptly notifies OKI ofchanges in design conceptand scope, cost, and implementation yearof regionally significant state sponsored projects; • Assures project-level CO and PM hotspot analyses are included in OKI region transportation project NEPA documentation when required; • Identifies and commits to project-level CO and PM mitigation measures for state sponsored transportation projects, as required;



### 8• Implements TCMs forwhich Ohio DOT/KYTC/INDOT is responsible on theschedule that is found in the SIP; • Maintains a list ofTCMs in the SIP and progress toward implementingtheTCMs; • Works with local municipalities and other project sponsors to ensure that the above procedures are also implemented on locally sponsored highway projects; and • Assists OK! with travel demand modeling and mobile source emissions estimating processes. For STIP and STIP amendments exclusively involving projectswithin the Cincinnati-MiddletownWilmington OH-KY-IN, Combined Statistical Area for NAAQS, but outside MPO boundaries, Ohio DOT, or INDOT will develop, coordinate, prepare and circulate conformity documentation forinteragencyconsultation and public participation. OK! • Develops, coordinates, and circulates transportation plan and TIP supporting and technical documentationfor interagency ccnsultation and public participation; • Conducts transportation plan/TIP and air quality conformity public participation processes; • Maintains demographic and land use data for travel demand forecasting and regional emissions analysis; • Works with Ohio DOT, INDOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analysis; • Prepares transportation plan/TIP conformity documentation; • Includes funding for SIP mandated TCMs in the transportation plan and TIP if required; and • Adopts iransportation plan/TIP, performs the regional emissions analysis and makes conformity determinations. MVRPC, in the Cincinnati (Franklin, Carlisle, and Springboro)AirQuality Region: • Develops, coordinates, and circulates transportation plan and TIP supporting and technical documentationfor interagency consultation and public participation; • Conducts transportation plan/TIP and air quality conformity public participation processes; • Provides OKI with the design ccncept and scope of projects in the transportation plan and TIP to conduct regional emission analyses; • Prepares transportation plan/TIPconformity documentation; • Includesfundingfor SIP mandated TCMs in the transportation plan and TIP; and • Adopts transportation plan/TIP and make conformity determinations. In the Cincinnati (Franklin, Carlisle, and Springboro)AirQuality Region OKI will: • Maintains demographic and land use data for travel demand forecasting and regional emissionsanalysis; and • Conductsthe analysis and prepare transportation plan/TIP conformity documentation. If a new conformity determination is needed in the Cincinnati Air Quality Region due to transportation plan/TIP amendments in the MVRPC MPO only, MVRPC will be responsible for initiating interagency consultation and conducting the public participation process and OKI will conductthe conformityanalysis and provide conformity documentation.



### 9U.S. EPA • Administers and provides guidance on the CAA and transportation conformity regulations; • Determines adequacy of motor vehicle emissions budget used for making conformity determinations; • Reviews and comments on transportation plan and transportation improvement program documentation in keeping with participation plan requirements; and • Reviews and comments on conformity determinations for the transportation plans and transportation improvement programs. 

### FHWAIFTA • Consultswith U.S. EPAon transportation conformitydeterminations. • Provides guidance on transportation planning regulations; • Ensures that all transportation planning and transportation conformity requirements contained in 23 CFR Part450 and 40 CFR Part93, respectively, are met; • Works with transit agencies to ensure that conformity procedures are implemented in transitagency-sponsored projects; and • Makes transportation planfTIP conformitydeterminations.



### IV. State Implementation Plan (SIP) Consultation Process [40 CFR93.105]

a. SIP Consultation Structureand Process in Ohio Ohio EPA is responsible for preparing the SIP. Ifnewtransportation control strategies orTCMs are considered necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedulesfor SIP developmentthatwill be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintain federal airquality standards, transportation and other control strategies that may be necessary to achieve these standards, contingency measures, and other such technical documentation as required. Ohio EPA is responsible for informing OK! of any TCMs in the SIP and OKI is responsible for maintaining a list ofthese TCMs and is responsiblefortracking progress toward implementation and will share the list and implementation schedule with the interagency consultation parties. The interagency consultation parties will determine as required by 40 CFR 93.113(c) (1) whether past obstacles to implementation ofTCMs, which are behind the schedule established in the SIP, have been identified and are being overcome. The interagency consultation group will assure that state and local agencies provide approval and funding priority to TCMs that are approved in the SIP. The interagency consultation group will also consider revisions tothe SIP to remove TCMs orsubstituteTCMs orotheremission reduction measures. OKI and Ohio DOTdevelop the travel activityand emissions datathat are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIP with consultation from Ohio EPA on the inputsforemission modeling.



### 10Ifnewtransportation controlstrategies are considered that mayaid the region to achieve and/or maintain federal air quality standards, Ohio EPA will provide OKI and Ohio DOTwith guidance forestimating theirimpacts on regional emissions This SIP processwill definethe motorvehicle emissions budget (MVEB), and its various components, that will be used for future conformity determinations of the TP and TIP. Prior to publishing the draft SIP, OKI, Ohio DOT, KYTC, KEPPC, INDOT and IDEM will have an opportunity to review and comment on the proposed MVEB. In accordance with 40 CFR 93.105 (b)(2)(iii) and 40 CFR g3.105 (c)(7) Ohio EPAwill circulate thedraftSIPforpublic review, and all commentswill be responded to inwriting priorto adoption ofthe SIP. The draftwill be amended as needed in response to comments received. Ohio EPA will then transmit the final document with amendments, along with the public notice, public hearing transcriptand a summaryofcomments and responses, to U.S. EPA b. Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)J Thefollowing provides a summary on the roles and responsibilities ofthedifferentagencieswith involvement in development and review of SIP submittals dealing with TCMs or emissions budgets. Ohio EPA, KEPPC, IDEM • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, airquality modeling, and otherairquality planning and control responsibilities; • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to publiccomments; • Responsiblefortimely SIP submittal to U.S. EPA; and • Provides concurrencewith TCM substitution inthe SIP. Ohio DOT, KYTC, 11-IDOT • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analyses ofnew TCMs; • Assists in developing mobile source inventories and analyses as needed; and • Participates in reviewing and commentingon draftSIPdocuments. OKI • Responsible for developing regional transportation emissions analysis used in the SIP emiss·lons ·Inventories and analyses ofnewTCMs; • Monitorand reporton implementation offederal TCMs; • Responsiblefor providing reviewand commentson draftSIP documents; and • Provides concurrence with TCM substitution in the SIP. U.S. EPA • Receives the Ohio EPA SIP submittals and has the responsibility to act on them in a timely manner; • Reviews and comments on submittals through various meetings, workshops and hearing thatare conducted; • Provides guidance on the CAA;

11• Determines adequacy of motor vehicle emissions budget used for making TP/TIP conformityfindings; and • Provides concurrencewith TCM substitution inthe SIP. FHWA/FTA • Provides guidance on transportation planning regulation; and • Participates in the SIP review and comment process. Please note: while these are keyareas andagencies involvedin the development ofthe 

### SIP, participation in the SIPprocessbyotheragenciesmayoccur.



### V. Project-level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM) [40 CFR 93.105 (c)(1)(i)] Project sponsors are required to conduct project-level conformity analyses by the FHWA/FTA NEPA process. FHWA/FTA are responsible for making all project-level conformity determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOT, KYTC and INDOTwill determine thefollowing: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the project-level CO and/or PM conformity analyses which are included in the project's environmental documentpriorto initiating federal authorizations. 2. That the design concept and scope ofthe project has not changed significantly from that used by OK!, Ohio DOT, K.YTC and INDOT in their most recent regional transportation conformity analyses ofthe TP and TIP. The OKI governing board or policy committee may periodically review and participate with Ohio DOT, KYTC, INDOT and other agencies as appropriate in the update of the CO and/or PM analyses. Through the NEPA process, Ohio DOT, KYTC and INDOT may provide technical guidanceto projectsponsors who usethese procedures.



### VI. Monitoring ofTransportation Control Measures (TCMs) [40 

### CFR 93.105 (c)(1)(iv)] As part ofthe conformity documentation for a TP and/orTIP, OKI will identifythe status ofSIP TCMs. IfTCM emissions reductions are included as partofthe motorvehicle emissions budget, OK! will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, OKI will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. OKI may propose substitution of a new TCM or TCMs for all or a portion of an existing TCM that is experiencing implementation difficulties (see section VII below).



### 12VII. Conflict Resolution [40 CFR 93.105 (d)] Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statementofthe nature ofthe conflict will be prepared and agreed to by the conflicting parties and shared withthe remaining signatories. 

### 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manner acceptableto all parties. 

### 3. Ifthey are unsuccessful, the directors ofthe signatory agencies ortheir designees shall meetto resolve differences in a manneracceptable toall parties. 4. If none of the above steps produces a satisfactory resolution, the directors of the signatoryagencies have 14daysto appeal to the governor(s) ofthe affected states. OKI will send correspondence to the directors ofthe signatory agencies informing them that attemptsto resolve the conflict have failed and they plan to proceed with their conformity decision or policy in conflict. The 14-dayappeal period will commence on the first normal business dayfollowing Ohio EPA's and IDEM's receiptofcorrespondence (whichever is later) via Certified U.S. Mail and/or other certified deliveryfrom OKI. The appeal period will expire at midnightofthe 14th calendardayfollowing receipt ofsuch notice. 5. If

### a party other than Ohio EPA or IDEM appeals to the Governor, that participant must inform the Ohio EPA or IDEM ofthe Governor's response to the appeal. Ohio EPA or IDEM hasan additional 14 calendardaysfrom that notification ofappeal tothe Governor if it disagrees with the response. If Ohio EPA or IDEM appeals to their respective Governor, the final conformity determination must have the concurrence of the Governor. If Ohio EPA or IDEM does not appeal to the Governor**with'~n** 14 days, OKI may proceed with the final conformity determinations. The Governor rnay delegate his or her role in the process, but not to the head or staff of Ohio EPA, Ohio DOT, IDEM, INDOTorOKI. 

### VII!. Public Consultation Procedures [40 CFR 93.105 (e)] OKI will follow its adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by OKI at the beginning of the public comment period and prior to taking formal action on a conformity determinationforthe TP and TIP, consistentwith these requirements and those of23 CFR 450.316(a). Meetings of OKI are open to the public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. These agencies also shall provide opportunity for public participation in conformity determinationsfor projects where otherwise required by law.



### 13

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and U.S. EPA LIST ofSIGNATORIES Note: Signaturesappearon separate, multiple pages. Mark Policinski Executive Director Ohio-Kentucky-Indiana Regional Council ofGovernments Donald R Spang Executive Director MiamiValley Regional Planning Commission Chris Korleski Director Ohio Environmental Protection Agency James G. Beasley, P.E., P.S. Director Ohio Department ofTransportation Daniel Murray AssistantCommissioner Robert

### J. Shook Chairperson

Indiana DepartmentofEnvironmental Management, Office ofAirQuality Joseph Gustin, Deputy Commissioner, Planning Operations Indiana DepartmentofTransportation Dennis Decker DivisionAdministrator Ohio Division Federal HighwayAdministration (FHWA-OHis leadfor

### u.s. DOT) Robert F. Tally, Jr., P.E. Division Administrator Indiana Division Federal HighwayAdministration Marisol Simon Regional Administrator Region 5 Federal TransitAdministration MaryGade Regional Administrator Region 5 U.S. Environmental Protection Agency



### 14

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, INDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.



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Page 15 of29

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, OhioDOT, KYTC, INDOT, FHWA, FTA

### and U.S. EPA Note: Signaturesappearon separate, multiple pages.



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### MiamiValley Regional Planning Commission

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### 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC,Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTAand U.S.EPA Note: Signatures appearon separate, multiple pages.



### 18

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA

### and U.S.EPA Note: Signaturesappearon separate, multiple pages.



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### 19

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties:OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTAand U.S.EPA Note: Signaturesappearon**separ;;~te,** 

### multiple pages.



### 20

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, Ohio DOT, IDEM, INDOT, FHWA, FTA and U.S.EPA Note: Signaturesappearon separate, multiple pages.

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## 23MEMORANDUM OF**UI~DERSTANDING** TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties:OKI, MVRPC, OhioEPA, OhioDOT, IDEM, INDOT, FHWA, FTA, and U.S. EPA



### Susan Hedman RegionalAdministrator Note: Signaturesappearon separate, multiple pages.

United States Environmental ProtectionAgency Region 5

24

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, INDOT, FHWA, FTAand U.S. EPA

Note: Signatures appearon separate, multiple pages.

Page 25 of29

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, OhioDOT, K.YTC, INDOT, FHWA, FTAand U.S. 

### EPA

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Page 26 of29

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSUlTATION PROCEDURES Parties: OKI, MVRPC, Ohio EPA, KEPPC, IDEM, Ohio DOT, KYTC, II'•IDOT, FHWA, FTAand U.S. EPA

Note: Signatures appearon separate, multiple pages.

Page 27 of29

## Attachment F MemorandumofUnderstandingwith The Lima-Allen CountyRegional Planning CommissionMEMORANDUM OF UNDERSTANDING AMONG THE LIMA-ALLEN COUNTYREGIONAL PLANNINGCOMMISSION, THE OHIO ENVIRONMENTAL PROTECTIONAGENCY,

THE OHIO DEPARTMENTOFTRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION,AND THE FEDERALTRANSITADMINISTRATION-REGION 5 The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 ofthe CleanAirAct(CAA), as amended (42 U.S.C. 7401 etseq.), the related requirements of23 U.S. C. 109(j), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartA with respectto the conformityoftransportation plans, programs, and projects thatare developed, funded orapproved bythe United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and proceduresfor demonstrating and assuring conformity of such activities to applicable implementation plans developed accordingto PartA, Section 110and Part D oftheCAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Lima, Ohio Metropolitan Statistical area for NationalAmbientAirQuality Standards (NAAQS), pursuanttothe. CAAAmendmentsof1990. Thesix parties to this MOU are asfollows, hereafterreferred to as "all parties": Federal HighwayAdministration-Ohio Division (FHWA-OH) FederalTransitAdministration-Region 5 (FTA-R5) Lima-Allen County Regional Planning Commission (LACRPC) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental Protection Agency (Ohio EPA) United States Environmental ProtectionAgency-Region 5 (U.S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 of the CAA Amendments of 1990 and will govern conformity determinations in the LACRPCareawhich includes all ofAllen County. This MOU will continue to applyto any revised nonattainment area geographies resulting from future designations, or designation revisions for the criteria pollutants within the Allen County area. Execution ofthis MOU by each party shall be by signature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOUaredefinedand delineated in the MOUandAttachments A and 

### B.

Page 1of 17

### AttachmentA Transportation Air QualityConformity Protocol ConformityProcedures In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainmentor maintenance areasfor anytransportation related criteria pollutants[40 CFR51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacyfor Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issuesofnational significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specificallyaddresses transportation conformity. One ofthe requirements, (f)(4)(E)states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordancewiththeAdministrator's criteria and procedures for consultation, enforcement and enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIPelements are: 1) consultation procedures [40 CFR 93.105]; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR93.125(c)]. In accordancewith 40 CFR Section 93.105, the SIP orSIP revision shall include procedures for interagencyconsultation (federal, state and local), resolution ofconflicts, and publicconsultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by LACRPC, state and federal DOTs, local air quality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with LACRPC, state and federal DOTs, in developing applicable implementation plans. LACRPC and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPAand local airquality and transportation agencies asdescribed in Attachment B. In accordancewith 40 CFR section 93.122 (a)(4)(ii), priorto making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), LACRPC will not include emissions reduction credits from any control measures that are not included in their RTPs or TIPs and that do not require a regulatory action in the regional emissions analyses used in the conformity analyses unless LACRPC or FHWA/FTA obtains Page 2of 17written commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on a RTP orTIP, LACRPC will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformityanalyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approvaL The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

Page 3of17

### AttachmentB InteragencyConsultation·Procedures 

### I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consult with each otheron the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b}(1). These procedures implement the interagency consultation process for LACRPC and include procedures to be undertaken byall partiesto this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes one MPO, LACRPC. LACRPC and Ohio DOT perform the conformity analyses for this area. The analyses are used to make a conformity determinationforthe area. 

### 11. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement ProgramAmendments [40 CFR 

### 93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134149 USC 5303(i)(5), (1)(6), and U)(4) and 23 USC 135/49USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan Amendment Conformity Process Following LACRPC noticethatthe transportation plan's airqualityconformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. LACRPC and Ohio DOT will coordinate the interagencyconsultation process. In accordance with 40 CFR 93.105 (c), interagencyconsultation will includethe following topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emission factorsto be used in conformity analysis; • appropriateanalysis years; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation network and the yearofoperation; • treatment of regionally significant projects thatspan MPO boundaries; • status ofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the need for interim RTPs (in the eventofaconformity lapse). Page 4of17LACRPC is the lead agency for development of its transportation plans and amendmentsthereto. The interagencyconsultation partieswill participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parameters for determining transportation plan conformity. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible forconductingthoseanalyses in accordancewith 40 CFR 93.105(c)(2)(ii). Following LACRPC's approval of its final transportation plan and conformity finding, Ohio DOT will provide the final transportation plan and conformity documentation to FHWAIFTA for joint review as required by 40 CFR 93.105 ( c)(7) and 23 CFR 450.322 ofthe FHWAIFTA Statewide and Metropolitan Planning nule. Copies ofthe finaltransportation plan and conformitydocumentation also willbe made available on the LACRPCWeb site. b) Consultation and Notification Procedures for Conformitv Analysis ofTIP and TIP Amendments Following LACRPC's notice that the TIP air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformitywill be established. LACRPCand Ohio DOTwill coordinate theTIP transportation conformity interagencyconsultation process. Interagencyconsultation

·will include the same topics listed for the transportation plan (see Section II. a) as

well as the additional topics listed below in accordancewith 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification of exempt projects which should be treated as nonexempt, and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projectsthat can advance during aconformity lapse. ForTIP amendments, LACRPC and Ohio DOTwill consult as identified below: Consultation required in situations requiring a conformity determination, including but not limitedto:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionallysignificantprojectto theTIP; • add non-exempt, regionally significant project that has not been accounted for in the regional emissions analysis; and • change in non-exempt, regionally significantprojectthat is not consistentwith the designconceptand scope ortheconformity analysesyears. After LACRPC approves itsfinal TIP and conformityfinding, LACRPC will provide the final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWAIFTA forjoint review as required 

### by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule. Copies of the final TIPs ·and conformity documentation will be made available on LACRPC'sWebsite. Page 5of 17Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgency Roles and Responsibilities [40 CFR93.105(b)(2)] OhioEPA • Reviews and comments on all aspects of the conformity determinations for the RTP and TIP in atimely manner. • Develops, solicits inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets "1n conformityanalyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses inatimely manner. Ohio DOT • Participates as a voting member of the LACRPC MPO governing body and associated committees as defined by their respective codes of regulations and/or agencybylaws. • Project initiator for state sponsored transportation improvement projects in the LACRPC region. • Works directly with LACRPC in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvementprojectsto conduct regional emissions analysis. • Promptly notifies LACRPC of changes in design concept and scope, cost, and implementation yearofregionallysignificantstatesponsored projects. • Assures project level CO and PM hotspot analyses are included in LACRPC region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measuresfor state sponsoredtransportation projects, as required;. • ImplementsTCMs forwhich Ohio DOT is responsible in a timelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures arealso implemented on locallysponsored highway projects. • Assists LACRPC with travel demand modeling and mobile source emissions estimating processes. LACRPC • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentation for interagencyconsultation and public participation. • Conduct transportation plan!TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Work with Ohio DOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analyses. • Preparetransportation plan!TIP conformity documentation. • Includefunding for SIP mandatedTCMs in the transportation plan and TIP. • Adopttransportation plan!TIP and make conformitydeterminations.

Page6of 17U.S. EPA • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budgets used for making conformitydeterminations. • Reviews and comments on transportation plan and transportation improvement program documentation in keepingwith participation plan requirements. • Reviews and comments on conformitydeterminationsforthe transportation plans and transportation improvement programs. FHWAIFTA • Consultwith U.S. EPAconformitydeterminations. • Provide guidance on transportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Workwith transitagenciesto ensure thatconformity procedures are implemented in transitagency-sponsored projects. • Maketransportation planfTIP conformitydeterminations 

### IV. State Implementation Plan (SIP) Consultation Process [40

### CFR 93:i05] a) SIP ConsultationStructureand Process Ohio EPA is responsible for preparing the SIP. If new transportation control strategies or TCMs are considered necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthatwill be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/ormaintainfederal airquality standards, transportation and other control strategies that may be necessary to achieve these standards, contingency measures, and othersuchtechnical documentation as required. Pursuantto40 CFR 93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by LACRPC, Ohio DOT and otheragencies and the public. LACRPC and Ohio DOT develop the travel activity and emissions datathat are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIPwith consultationfrom Ohio EPA on the inputsfor Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/or maintain federal air quality standards, Ohio EPA will provide LACRPC and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will be used for future conformity determinations ofthe RTP and TIP. Priorto publishing the draft SIP, LACRPC and Ohio DOTwill have an opportunityto review and comment on the proposed MVEB. Page 7of 17In accordancewith 40 CFR 93.105 (b}(2)(iii) and 40 CFR 93.105 (c}(7) Ohio EPAwill circulate the draft SIP for public review. and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in response to comments received. Ohio EPAwill thentransmitthefinal documentwith amendments, along with the public notice, public hearing transcript and a summary ofcomments and responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2)(i)] The following provides a summary on the roles and responsibilities ofthe different agencies with involvementin developmentand review ofSIP submittals dealing with TCMs oremissions budgets. Ohio EPA • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air qualityplanning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • ResponsiblefortimelySIPsubmittal to U.S. EPA Ohio DOT • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analysesofnewTCMs. • Assists in developing mobile source inventories and analyses as needed. • Participates in reviewing and commenting on draftSIP documents. LACRPC • Responsible for developing regional !navel demand forecasts used in the SIP emissions inventories and analyses ofnewTCMs. • Monitorand report on implementation offederalTCMs. • Responsible forproviding review and comments on draftSIP documents. 

### U.S. EPA • Receives the Ohio EPA SIP submittals and hasthe responsibility to act on them in a timely manner. • Directly influencesthe contentofthe submittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings, workshopsand hearing that are conducted. • Provides guidance on the CleanAirAct • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Provides concurrencewith TCM substitution in the SIP. FHWAIFTA • Provides guidance on transportation planning regulation. • Participates inthe SIP review and commentprocess.

Page 8 of 17Please note: while these arekeyareasandagenciesinvolvedin the developmentofthe SIP, participation in the SIPprocessbyotheragenciesmayoccur. V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.5) [40 CFR 93.105 (c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA NEPA process. FHWA/FTA are responsible for making all project-level conformity determinations. FHWA/FTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM25 analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c}(1)(i) and other applicable regulations, Ohio DOTwill determine the following: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2

_ 5 conformity analyses which are included in the project's environmentaldocumentpriorto initiatingfederal authorizations. 

### 2. That the design concept and scope ofthe project has not changed significantly from that used by LACRPC and Ohio DOT in the most recent regional transportation conformityanalyses ofthe RTPITIP. The LACRPC governing board orpolicy committee may periodically review and participate with Ohio DOT and other agencies as appropriate in the update ofthe CO and/or PM2.5 analyses. Through the NEPA process, Ohio DOT may provide technical guidanceto project sponsors who usethese procedures. VI. Monitoring ofTransportation Control Measures (TCMs) [40 CFR 93.105 (c)(iv)] As part ofthe conformity documentation for an RTP and/orTIP, LACRPC will identifythe status ofSIP TCMs. IfTCM emissions reductions are included as part of the motorvehicle emissions budget, LACRPC will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling Issues for a SIP transportation control measure, LACRPC will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. LACRPC may propose substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties (see Section VII below). VII. Substitution ofTCMs in the SIP [40 CFR93.105 (c)(iv)] LACRPC shall prepareinformation on and documentation ofthesubstituteTCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with LACRPC and U.S. EPA in order to ensure that the requested revision provides an emission reduction equivalent to the original SIP TCM{s) and will officially submit the document to U.S. EPA for approval. Following US EPA's approval ofthe substitute TCM(s), LACRPC will amend theTCM into its RTP and TIP and workwith the affected projectsponsorto implementthe TCM.

Page 9of 17

### VIII. ConflictResolution [40 CFR 93.105 (d)] Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statement of the nature ofthe conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designees shall meetto resolve differences in a manneracceptableto all parties. 4. If none ofthe above steps produces a satisfactory resolution, any participant to this agreementhas 14 days to appeal tothe Governor. Ifapartyotherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA ofthe Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor 

### if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPA does not appeal to the Governor within 14 days, LACRPC and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staffof Ohio EPA, Ohio DOT, and LACRPC may notdelegate their respective roles. 

### IX. Public Consultation Procedures [40 CFR 93.105 (e)] LACRPC will follow its adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunityfor public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by LACRPC at the beginning of the public comment period and prior to taking formal action on a conformity determination forthe RTP and TIP, consistentwith these requirements and those of 23 CFR 450.316(a). Meetings of LACRPC are open to the public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. LACRPC also shall provide opportunity for public participation in conformity determinat'lonsforprojects where otherwise required by law.

Page 10 of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signatures appearon separate, multiple pages.

Thomas M. Mazur Executive Director Lima-Allen County Regional Planning Commission Scott

### J. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental ProtectionAgency Laura S. Leffler DivisionAdministrator Ohio Division Federal HighwayAdministration FHWA-OHis leadforU.S. DOT 

### Marisol Simon Regional Administrator Region 5 Federal TransitAuthority

Page 11 of17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appear on separate, multiple pages.

# ?~};~AI(~··**~_;;::::~w~:_** Date:

# _J..L.~Lf1!A!~·Jo_0 '-.LL""'"as M. Mazur, Exe utiv irector

Lima-Allen County Region Planning Commission

Page 12 of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~~~~--Date:_s-/.4-41/t'--'--Ltt/_**~~** . utler, Director Ohio Environmental ProtectionAgency

Page 13 of 17MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC,OhioEPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

Page 14of17MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC,Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

-:----:::-----cc----:-c:-:-:--:--,--- Date:---.'--.....:.---"'-- Susan Hedman, Regional Administrator U.S. Environmental ProtectionAgency-Region 5

Page 15 of17MEMORANDUM OF UNOERST ANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: LACRPC, Ohio EPA,Ohio DOT, FHWA, FTAandU.S. EPA Note: Signatures appearon separate, multiple pages.

# ~fJ**tin~** Date:

# ~ ·

### J_ 

## J- ·:?LV(}? MarisolSimon, Regional Administrator FederalTransitAdministration-Region 5

Page 17 of17

## AttachmentG Memorandum ofUnderstandingwith The StarkCountyAreaTransportation Study(SCATS)MEMORANDUM OF UNDERSTANDING AMONG THE STARK COUNTYAREATRANSPORTATION STUDY,

THE OHIO ENVIRONMENTAL PROTECTION AGENCY, THE OHIO DEPARTMENTOFTRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY·REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, AND THE FEDERALTRANSITADMINISTRATION-REGION 5 The purpose of this Memorandum of Understanding (MOU) is to implement Section 176 ofthe Clean AirAct (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of23 U,S. C. 

### 1090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartA with respectto the conformityoftransportation plans, programs, and projectsthatare developed, funded orapproved bythe United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to PartA, Section 

### 110and Part DoftheCAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Canton-Massillon, Ohio Metropolitan Statistical area for National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of

### 1990. The six partiestothis MOU are asfollows, hereafterreferredto as "all parties": Stark CountyArea Transportation Study (SCATS) Federal HighwayAdministration-Ohio Division (FHWA-OH) Federal TransitAdministration-Region 5(FTA-R5) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental Protection Agency (Ohio EPA) United States Environmental Protection Agency-Region 5(U.S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 

### 176 ofthe CAA Amendments of 

### 1990 and will govern conformity determinations in the SCATS area which includesall ofStark County. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, or designation revisions for the criteria pollutants within the Stark County area. Execution ofthis MOU by each partyshall be bysignature ofeach party's representative. The provisions of this MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilrties of each signatory to this MOU are defined and delineated in the MOU and AttachmentsAand 

### B.

Page 1of 17

### Attachment

### A Transportation AirQualityConformity Protocol Conformity Procedures In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA onAugust 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act A Legacyfor Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues ofnational significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 of SAFETEALU specifically addressestransportation conformity. One ofthe requirements, (f)(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and g3.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordancewiththeAdministrator's criteria and procedures forconsultation, enforcementand enforceabiltty." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIP elementsare: 1) consultation procedures [40 CFR 93.105]; 2) procedures for detemnining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 (c)]. In accordancewith 40 CFR Section 93.105, the SIP or SIP revision shall include proceduresfor interagencyconsultation (federal, state and local), resolution ofconflicts, and publicconsultation as described in Attachment B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by SCATS, state and federal DOTs, local air quality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with SCATS, state and federal DOTs, in developing applicable implementation plans. SCATS and Ohio DOT must provide reasonable opportunityfor consultation with Ohio EPA, U.S. EPA and local airquality and transportation agenciesas described in Attachment B. In accordance with 40 CFR section 93.122 (a)(4)(ii), prior to making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), SCATS will not include emissions reduction credits from any control measures that are not included in their RTPs or TIPs and that do not require a regulatory action in the regional
Page 2of 17emissions analyses used in the conformity analyses unless SCATS or FHWA/FTA obtains written commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on a RTP or TIP, SCATS will ensure the project design concept and scope are appropriately identified in the emissions analyses used inthe regional confonmityanalyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity detenmination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

Page 3 of 17

### Attachment B InteragencyConsultation Procedures 

### I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consult with each otheron the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency consultation process for SCATS and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes one MPO, SCATS. SCATS and Ohio DOT perform the conformity analyses for this area. The analyses are used to make a conformitydeterminationforthe area. 

### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and 0)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan Amendment Conformitv Process Following SCATS notice that the transportation plan's air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity wilt be established. SCATS and Ohio DOT will coordinate the interagency consultation process. In accordance with 40 CFR 93.105 (c), interagency consultationwill includethe following topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emission factors to be used in conformityanalysis; • appropriate analysisyears; • treatment of regionally significant projects (federal and non-federal funded) assumed in thetransportation network and theyearofoperation; • treatment ofregionallysignificant projects that span MPO boundaries; • status ofTCM implementation; • financial constraints and other requirements' that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the need forinterim RTPs (in the eventofa conformity lapse). Page4of 17SCATS is the lead agency for development of its transportation plans and amendmentsthereto. The interagency consultation partieswill participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parameters for determining transportation plan conformity. Ifnew designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible forconductingthose analyses in accordancewith 40 CFR 93.105(c)(2)(ii). Following SCATS' approval of its final transportation plan and conformity finding, Ohio DOT will provide the final transportation plan and conformity documentation to FHWAIFTA for joint review as required by 40 CFR 93.105 (c)(?) and 23 CFR 450.322 ofthe FHWAIFTA Statewide and Metropolitan Planning rule. Copies ofthe finaltransportation plan and conformitydocumentation alsowill be made available on the SCATSWeb site. b) Consultation and Notification Procedures for Conformity Analysis ofTIP and TIP Amendments Following SCATS' notice that the TIP air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. SCATS and Ohio DOT will coordinate the TIP transportation conformity interagencyconsultation process. Interagency consultation will include the same topics listed for the transportation plan (see Section II. a) as well as the additional topics listed below in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexemptprojectswhich should betreated as nonexempt; and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projects that can advanceduring a conformity lapse. ForTIP amendments, SCATSand Ohio DOTwill consultas identified below: Consultation required in situations requiring a conformitydetermination, including but not limited to:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionally significantprojectto theTIP; • add non-exempt, regionally significant projectthat has notbeen accounted for in the regional emissions analysis; and • change in non-exempt, regionally significant projectthat is notconsistentwith the design concept and scope orthe conformity analysesyears. After SCATS approves its final TIP and conformity finding, SCATS will provide the final TIP and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWAIFTA for joint review as required by 40 CFR 93.105 (c)(?) and 23 CFR 450.322 of the FHWAIFTA Statewide and Metropolitan Planning rule.

Page 5of 17Copies of the final TIPs and conformity documentation will be made available on SCATS'Web site. Ill. Transportation Plan and Transportation Improvement Program Interagency Consultation Agency Roles and Responsibilities [40 CFR 93.105(b)(2)J Ohio EPA • Reviews and comments on all aspects ofthe conformity determinations for the RTP and TIP in atimelymanner. • Develops, solicits inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformityanalyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualiiyanalyses in atimely manner. Ohio DOT • Participates as a voting member of the SCATS MPO governing body and associated committees as defined by their respective codes ofregulations andlor agency bylaws. • Project initiator for state sponsored transportation improvement projects in the SCATS region. • Works directly with SCATS in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvementprojectsto conduct regional emissions analysis. • Promptly notifies SCATS of changes in design concept and scope, cost, and implementation yearofregionally significant statesponsored projects. • Assures project level CO and PM hotspotanalyses are included in SCATS region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as requked;. • ImplementsTCMs forwhich Ohio DOT is responsible in atimelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures arealso implemented on locally sponsored highway projects. • Assists SCATS with travel demand modeling and mobile source emissions estimating processes. SCATS • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentationfor interagencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Work with Ohio DOT and local sponsors to define the design concept and scope of projects in the transportation plan and TIP to conduct regional emissions analyses. • Prepare transportation plan!TIP conformity documentation. • Includefunding for SIP mandatedTCMs in the transportation plan and TIP. • Adopttransportation plan!T!P and make conformity determinations. Page 6of 17U.S. EPA • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budgets used for making conformitydeterminations. • Reviews and comments on transportation plan and transportation improvement program documentation in keepingwith participation plan requirements. • Reviews and comments on conformitydeterminationsforthe transportation plans and transportation improvementprograms. FHWAIFTA • Consultwith U.S. EPAon conformitydeterminations. • Provide guidance on transportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Workwith transitagenciesto ensure that conformity procedures are implemented intransitagency-sponsored projects. • Maketransportation plan/TIP conformitydeterminations 

### IV. State Implementation Plan (SIP) Consultation Process [40 CFR93.105] a) SIP Consultation Structure and Process Ohio EPA is responsible for preparing the SIP. If new transportation control strategies orTCMs are considered necessaryto achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthatwill be available to all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintainfederal airqualitystandards, transportation and othercontrol strategies that may be necessary to achieve these standards, contingency measures, and othersuch technical documentation as required. Pursuant to 40 CFR 93.105 (b}(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by SCATS, Ohio DOT and otheragencies and the public. SCATS and Ohio DOT develop the travel activity and emissions data that are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIPwith consultationfrom Ohio EPAon the inputs for Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/or maintain federal air quality standards, Ohio EPA will provide SCATS and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will 

### be used forfuture conformity determinations of

Page7of17the RTP and TIP. Priorto publishing the draft SIP, SCATS and Ohio DOTwill have an opportunityto review and commentonthe proposed MVEB. In accordancewith 40 CFR 93.105 (b)(2)(iii) and 40 CFR 93.105 (c)(7) Ohio EPAwill circulate the draft SIP for public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in responseto comments received. Ohio EPAwill then transmitthefinal documentwith amendments, along with the public notice, public hearing transcript and a summary ofcomments and responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR93.105(b)(2).(i)] The following provides a summary on the roles and responsibilities ofthe different agencies with involvement in development and review ofSIP submittals dealing with TCMs or emissions budgets. Ohio 

### EPA • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • Responsiblefortimely SIP submittalto U.S. EPA. Ohio DOT • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analyses ofnewTCMs. • Assists in developing mobilesource inventories and analyses as needed. • Participates in reviewing and commenting on draft SIPdocuments. SCATS • Responsible for developing regional travel demand forecasts used in the SIP emissions inventories and analysesofnewTCMs. • Monitor and reporton implementation offederalTCMs. • Responsible for providing reviewand comments on draft SIP documents. U.S. EPA • Receives the Ohio EPA SIP submittals and has the responsibility to act on them in atimely manner. • Directly influencesthe contentofthe submittals through regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings,workshops and hearing that are conducted. • Provides guidance on the CleanAirAct. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Provides concurrencewith TCM substitution in the SIP.

Page 8of 17FHWAIFTA • Provides guidance on transportation planning regulation. • Participates in the SIP review and comment process. Please note: while these are keyareasandagencies involvedin the developmentofthe SIP, participation in the SIPprocess byotheragenciesmayoccur. V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.5) [40 CFR 93.105 (c)(1)(i)J Project sponsors are required to conduct project level conformity analyses by the FHWAIFTA NEPA process. FHWAIFTA are responsible for making all project-level conformity determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethefollowing: 1. That FHWAIFTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's environmental document priorto initiatingfederal authorizations. 2. That the design concept and scope ofthe project has not changed significantly from that used by SCATS and Ohio DOT in the most recent regional transportation conformity analysesofthe RTP andTIP. The SCATS' governing board or policy committee may periodically review and participate with Ohio DOT and other agencies as appropriate in the update ofthe CO and/or PM2.5 analyses. Through the NEPAprocess, Ohio DOT may providetechnical guidanceto project sponsors who use these procedures. VI. MonitoringofTransportation Control Measures (TCMs) [40 CFR93.105 (c){iv)j As partofthe conformitydocumentationforan RTP and/orTIP, SCATS will identifythe status of SJP TCMs. If TCM emissions reductions are included as part ofthe motor vehicle emissions budget, SCATS will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, SCATS will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. SCATS may propose substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties (see SectionVII below). VlL Substitution ofTCMs inthe SIP [40 CFR93.105 (c)(iv)] SCATS shall prepare information on and documentation ofthe substitute TCM(s) and submit it to Ohio EPA and U.S. EPAfor review and comment. Ohio EPAwill work with SCATS and U.S. EPA in orderto ensurethatthe requested revision provides an emission reduction equivalentto the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval ofthe substitute TCM(s), SCATS will amend the TCM in to its RTP and TIP and workwith the affected projectsponsorto implementtheTCM.

Page 9 of 17VIII. Conflict Resolution [40 CFR 93.105 (d)] Conflicts between any parties of !his MOU !hat arise during consultation will be resolved as follows: 1. A statement of the nature of the conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designees shall meetto resolve differences in a manneracceptableto all parties. 4. If none ofthe above steps produces a satisfactory resolution, any participantto this agreement has 14days to appeal to the Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA ofthe Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPAappeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPA does not appeal to the Governor within 14 days, SCATS and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio DOT, and SCATS may not delegatetheir respective roles. IX. Public Consultation Procedures [40 CFR 93.105 (e)] SCATS will follow its adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunityfor public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by SCATS at the beginning of the public comment period and prior to taking formal action on a conformity determination for the RTP and TIP, consistent with these requirements and those of 23 CFR 450.316(a). Meetings of SCATS are open to the public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. SCATS also shall provide opportunityfor public participation in conformity determinations for projects where otherwise required by law.

Page 10of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signatures appearon separate, multiple pages.

Robert Nau Executive Director StarkCountyAreaTransportation Study Scott

### J. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental ProtectionAgency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration FHWA-OHis leadforU.S. DOT 

### Marisol Simon Regional Administrator Region 5 FederalTransitAuthority

Page 11 of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA Note: Signatures appearon separate, multiple pages.



# ----?I**~** 

### _'··_· _,4_· =6-1G-u_· 

# -=-J!2'-'·

# ~/-'--/-'~'-"e..--"'---- Date: 

# s/ '0/;,;3 Robert Nau, Executive Director Stark CountyArea Transportation Study

Page 12 of17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# J::A~f1:~~~-- Date:

# _s-;+,/...:...?+-/---=1-'.l-(-

. Butler, Director vironmental ProtectionAgency

Page 13of 17MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearan separate, multiple pages.

Page 14of17MEMORANDUM OF UNDERSTANO!NG TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA Note: Signatures appearonseparate, multiple pages.

### ----------~~~~~----Oate:~--~~~~i­ Susan Hedman, RegionalAdministrator U.S. Environmental ProtectionAgency·Reglon 5

Page 15of17

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: SCATS, Ohio EPA,Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appear

## on separate, multiple pages.

Page 16of 17

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY ·

CONSULTATION PROCEDURES Parties: SCATS,Ohio EPA, OhioDOT, FHWA, FTA and U.S. EPA 

### Note: Signatures appearon separate, multiple pages.

# ::-::~-··**-:--:-::-:--·--=~~----;-::-.,-~--;-:-:--:-Date:** MarisolSimon,RegionalAdministrator FederalTransitAdministration-Region 5

Page 17of17

## Attachment H MemorandumofUnderstandingwith The Mid-Ohio Regional PlanningCommission (MORPC) andthe LickingCountyAreaTransportationStudyMEMORANDUM OF UNDERSTANDING AMONG THE MID-OHIO REGIONAL PLANNING COMMISSION, THE LICKING COUNTYAREATRANSPORTATION STUDY, THE OHIO ENVIRONMENTAL PROTECTIONAGENCY,

THE OHIO DEPARTMENTOFTRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTIONAGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIO DIVISION, AND THE FEDERALTRANSITADMINISTRATION-REGION 5 The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 of the Clean AirAct (CAA), as amended (42 U.S.C. 7401 et seq.), the related requirements of23 U.S. C. 1090), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, Subpart Awith respectto the conformity oftransportation plans, programs, and projects thatare developed, funded or approved by the United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 53). This MOU sets forth policy, criteria, and procedures for demonstrating and assuring conformity of such activities to applicable implementation plans developed according to PartA, Section 110and Part Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Columbus, Ohio Metropolitan Statistical areasfor National Ambient Air Quality Standards (NAAQS), pursuant to the CAA Amendments of 1990. The seven partiesto this MOU are as follows, hereafterreferredto as "all parties": Federal HighwayAdministration-Ohio Division (FHWA-OH) FederalTransitAdministration-Region 5(FTA-R5) Licking CountyAreaTransportation Study (LCATS) Mid-Ohio Regional Planning Commission (MORPC) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental ProtectionAgency (Ohio EPA) United States Environmental Protection Agency-Region 5(U:S. EPA-R5) This MOU will be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 ofthe CAA Amendments of 1990 and will govern conformity determinations in the Columbus Ohio area. The MORPC MPO area includes Delaware and Franklin counties, Bloom and Violet townships in Fairfield County, the city of Pataskala and Etna Township in Licking County. LCATS is the MPO for Licking County (less the city of Pataskala and Etna Township). There are currently portions of the Columbus nonattainment areas outside of the MORPC and LCATS areas. Ohio DOT is lead agency for transportation planning and transportation airquality planning in these non-MPO areas. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, or designation revisions forthe criteria pollutants within the Columbus Ohio area.

Page 1of 19Execution ofthis MOU by each party shall bebysignature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOU are defined and delineated inthe MOU andAttachmentsA and B.

Page2of19

### AttachmentA Transportation AirQualityConformityProtocol Conformity Procedures In accordance with the requirements under Section 176 (c)(4)(C) of the CAA, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainment or maintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues ofnationalsignificance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 ofSAFETEALU specificallyaddressestransportation conformity. One ofthe requirements, (f)(4)(E) states; "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) in accordancewiththeAdministrator's criteria and procedures for consultation, enforcementand enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIP elements are: 1) consultation procedures [40 CFR93.105j; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 

### (c)). In accordance with 40 CFR Section 93.105, the SIP or SIP revision shaH include procedures for interagency consultation (federal, state and local), resolution ofconflicts, and public consultation as described in Attachment 

### B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by MORPC, LCATS, state and federal DOTs, local airquality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with MORPC, LCATS, state and federal DOTs, in developing applicable implementation plans. MORPC, LCATS and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, 

### U.S. EPA and local air quality and transportation agencies as described in Attachment

### B.

Page 3of 19In accordance with 40 CFR section 93.122 (a)(4)(ii), priorto making a conformity determination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), MORPC and LCATSwill notinclude emissions reduction credits from any control measuresthat are not included in their RTPs orTIPs and that do not requ'1re a regulatory action in the regional emissions analyses used in the conformity analyses unless MORPC and LCATS or FHWAIFTA obtainswritten commitments, asdefined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implement those control measures must be fulfilled by the appropriate entities. Prior to making a conformity determination on a RTP orTIP, MORPC and LCATS will ensure the project design conceptand scope are appropriately identified in the emissions analyses used in the regional conformity analyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in the construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

Page4 of 19

### Attachment B InteragencyConsultation Procedures I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consult with each otheron the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency consultation process for MORPC and LCATS, and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes two MPOs: MORPC (Delaware and Franklin counties, Bloom and Violet townships in Fairfield County, the city of Pataskala and Etna Township in Licking County), and LCATS (Licking County less the city ofPataskala and Etna Township). MORPC performs conformity analyses forthe Columbus nonattainment areas in consultation with LCATSand Ohio DOT. 

### II. Consultation on Transportation Plans, Transportation Plan Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR 93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and (j)(4) and 23 USC 135/49 USC 5304 (f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. a) Consultation on Transportation Plan and Transportation Plan Amendment ConformityProcess Following MORPC and LCATS notices that the transportation plan's air quality conformity process has been initiated, interagency consultation will define the procedures and parameters by which conformity will be established. MORPC and Ohio DOT will coordinate the interagency consultation process. In accordance with 40 CFR 93.105 (c), interagency consultation will include the following topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emissionfactors to be used in conformity analysis; • appropriate analysisyears; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation networkand the year ofoperation; • treatment ofregionally significant projectsthatspan MPO boundaries; • status ofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; Page 5of 19• reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the need for interim RTPs (inthe event ofa conformity lapse). MORPC and LCATS are lead agencies for development of their respective transportation plans and amendments thereto. MORPC is the lead agency for the development of conformity analyses for the Columbus nonattainment areas LCATS and Ohio DOT will be provided the opportunity to review the analyses. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parametersfordeterminingtransportation plan conformity. If new designations for criteria pollutants occurthat expand analyses areas beyond the existing areas, interagency consultation will determinethe parties responsible for conducting those analyses in accordance**w~h** 40 CFR 93.105(c)(2)(ii). Following MORPC's and LCATS' approval of their final transportation plans and conformity findings, Ohio DOT will provide the f1nal transportation plans and conformity documentation to FHWA/FTA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 ofthe FHWA/FTA Statewide and Metropolitan Planning rule. Copies ofthefinal transportation plans and conformity documentation alsowill be made available on the MORPC and LCATSWebsites. b) Consultation and Notification Procedures for Conformity Analysis ofTIP and TIP Amendments Following MORPC's and LCATS' notices that the TIP airquanty conformity process has been initiated, interagency consultation will define the procedures and parameters bywhich conformitywill be established. MORPC, LCATS and Ohio DOT will coordinate the TIP transportation conformity interagency consultation process. Interagencyconsultationwill includethe same topics listedforthe transportation plan (see Section II. a) as well as the additional topics listed below.in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects; • identification ofexempt projectswhich should betreated as nonexempt; and • determination of an interimTIP (in the event of a conformity lapse) inclusive of projects that can advance during aconformity lapse. For TIP amendments, MORPC, LCATS, and OHIO DOT will consult as identified below: Consultation required in situations requiring a conformitydetermination, including but not limited to:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionally significant project to theTIP; • add non-exempt, regionally significant project that has not been accounted for in the regional emissions analysis; and Page 6of 19• change in non-exempt, regionallysignificant project that is notconsistentwith the design conceptand scope orthe conformityanalyses years. After MORPC and LCATS approve theirfinal TIPs and conformity findings, MORPC and LCATS will provide the final TIPs and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA forjoint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Copies ofthe final TIPs and conformity documentation will be madeavailable on MORPCand LCATSWeb sites. Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgencyRolesand Responsibilities [40 CFR93.105(b)(2)] Ohio EPA • Reviews and comments on all aspects ofthe conformity determinations for the RTP andTIP in atimely manner. • Develops, solicits input on and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factons and mobile source budgets in conformity analyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in atimely manner. OhioDOT • Participates as a voting member of the MORPC and LCATS MPOs governing bodies and/or associated committees as defined by their respective codes of regulations and/oragency bylaws. • Project initiator for state sponsored transportation improvement projects in the MORPC and LCATS region. • Works directly with MORPC and LCATS in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvementprojects to conduct regional emissions analysis. • Promptly notifies MORPC and LCATS ofchanges in design concept and scope, cost, and implementation yearofregionally significant state sponsored projects. • Assures project level CO and PM hotspot analyses are included in MORPC and LCATS region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as required;. • ImplementsTCMsforwhich Ohio DOT is responsible in atimelyfashion. • Works with local municipalities and other project sponsors to ensure that the above procedures are also implemented on locallysponsored highway projects. • Assists MORPC and LCATS with travel demand modeling and mobile source emissions estimating processes. MORPC and LCATS • Develop, coordinate, and c'irculate transportation plan and TIP supporting and technical documentationfor interagencyconsultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. Page7of19.• Workwith Ohio DOT and local sponsors to define the design concept andscope of projects in the transportation plan and TIP to conduc;t regional emissions analyses. • Preparetransportation plan/TIP conformitydocumentation. • Includefunding for SIP mandatedTCMs in thetransportation plan and TIP. • Adopt transportation plan!TIP and make conformity determinations. U.S. EPA • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budget used for making conformity determinations. • Reviews and comments on transportation plan and transportation improvement program documentation in keepingwith participation plan requirements. • Reviews and commentson conformity determinationsforthe transportation plans and transportation improvement programs. FHWAIFTA • Consult with U.S. EPAon transportation conformity determinations. • Provide guidance ontransportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Workwith transitagencies to ensure thatconformity procedures are implemented in transitagency-sponsored projects. • Make transportation plan!TlP conformity determinations IV. 

### State Implementation Plan (SIP) Consultation Process [40 CFR93.105] a) SIP Consultation Structureand Process Ohio EPA is responsible for preparing the SIP. Ifnewtransportation control strategies or TCMs are considered necessarytoachieve and/ormaintain federal airquality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP development thatwill be available to all agencies andthe public. Public involvementwill be in accordance with Ohio EPA's public involvement procedures. Key documentswill be posted on Ohio EPA'sWeb site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintain federal air quality standards, transportation and other control strategies that may be necessary to achieve these standards, contingency measures, and other such technical documentation as required. Pursuant to 40 CFR 93.105 (b}(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested by MORPC, LCATS, Ohio DOT and otheragenciesand the public. MORPC, LCATS and Ohio DOT develop the travel activity and emissions data that are used by Ohio EPA in establishing the on-road motorvehicle emission inventoriesforthe SIPwith consultationfrom Ohid EPAon the inputsfor Mobile modeling.

Page 8 of 19Ifnewtransportation control strategiesare considered that mayaid the regionto achieve and/or maintain federal air quality standards, Ohio EPA will provide MORPC, LCATS and Ohio DOT with guidance for estimating their impacts on regional emissions. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will be used forfuture conformity determinations ofthe RTP and TIP. Prior to publishing the draft SIP, MORPC, LCATS and Ohio DOT will have an opportunityto review and commenton the proposed MVEB. In accordance with 40 CFR 93.105 (b)(2}(iii) and 40 CFR 93.105 (c}(7) Ohio EPA will circulate the draftSIPfor public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in response to comments received. Ohio EPAwill then transmit the final documentwith amendments, along with the public notice, public hearing transcript and a summary of comments and responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR93.105(b)(2)(i)] The following provides a summary on the roles and responsibilities of the different agencies with involvement in development and review of SIP submittals dealing with TCMs oremissions budgets. Ohio EPA • Responsible.for airquality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories, air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • ResponsiblefortimelySIP submittalto U.S. EPA. Ohio DOT • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analysesof newTCMs. • Assists in developing mobilesource inventories and analyses as needed. • Participates in reviewing and commenting on draft SIP documents. MORPC and LCATS • Responsible for developing regional travel demand forecasts used in the SIP emissions inventories and analyses of newTCMs. • Monitorand report on implementation offederal TCMs. • Responsiblefor providing review and commentson draftSIP documents. U.S. EPA • Receives the Ohio EPA SIP submittals and has the responsibility to acton them in atimely manner. • Directly influencesthe content ofthe submittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings, workshops and hearing that are conducted. Page 9 of 19• Providesguidance onthe Clean AirAct. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Provides concurrencewith TCM substitution inthe SIP. FHWAIFTA • Provides guidance on transportation planning regulation. • Participates inthe SIP review and commentprocess. Please note: while these are keyareas andagencies involvedin the developmentofthe SIP, participation in the SIPprocessbyotheragenciesmayoccur. 

### V. Project Level Conformity Determinationsfor Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.s) [40 CFR93.105 {c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA NEPA process. FHWAIFTA are responsible for making all project-level conformity determinations. FHWAIFTA, with the participation of U.S. EPA, identifies the applicable procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethe following: 1. That FHWAIFTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's environmental document priorto initiatingfederal authorizations. 2. That the design concept and scope of the project has not changed significantly from that used by MORPC, LCA TS and Ohio DOT in the most recent regional transportation conformity analyses ofthe RTP and TIP. The MORPC and LCATS policy committees may periodically review and participate with Ohio DOT and other agencies as appropriate in the update of the CO and/or PM2.5 analyses. Through the NEPAprocess, Ohio DOT may providetechnical guidanceto projectsponsors who usethese procedures. 

### VI. MonitoringofTransportation Control Measures{TCMs) [40 CFR

### 93.105 (c)(iv)] As part of the conformity documentation for an RTP and/or TIP, MORPC and LCATS will identifythe status ofSIPTCMs. IfTCM emissions reductions are included as part ofthe motor vehicle emissions budget, MORPC and LCATS will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIP transportation control measure, MORPC and LCATS will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving these TCMs maximum priority. MORPC and LCATS may propose substitution of a new TCM for all or a portion of an existing TCM that is experiencing implementation difficulties (see Section VII below).

Page 10 of19

### VII. Substitution ofTCMs intheSIP [40 CFR

### 93.105 (c)(iv)] MORPC and/or LCATS shall prepare information on and documentation of the substitute TCM(s) and submit it to Ohio EPA and U.S. EPAfor review and comment. Ohio EPA will work with MORPC and LCATS and U.S. EPA in orderto ensure thatthe requested revision provides an emission reduction equivalent to the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval of the substitute TCM(s), MORPC and/or LCATS will amend the TCM(s) in to their RTPs and TIPs and work with the affected projectsponsors to implementtheTCM(s). 

### VIII. Conflict Resolution {40 CFR

### 93.105 {d)] Conflicts between any parties ofthis MOU that arise during consultation will be resolved as follows: 1

. A statement of the nature ofthe conflict will be prepared and agreed to by the conflicting parties and shared with the remaining signatories. 

### 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. If they are unsuccessful, the directors of the signatory agencies or their designees shall meetto resolve differences in a manneracceptable to all parties. 

### 4. If none ofthe above steps produces a satisfactory resolution, any participant to this agreement has 

### 14days to appeal to the Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA ofthe Governor's response to the appeaL Ohio EPA has 

### 14 calendar days from that notification to appeal to the Governor 

### if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. IfOhio EPA appeals to the Governor, the final conformity determination must have the concurrence ofthe Governor. If Ohio EPAdoes notappeal to the Governorwithin 14 days, MORPC, LCATS and Ohio DOT may proceed with the final conformity determinations. The Governor may delegate his or her role in the process, but the head or staff of Ohio EPA, Ohio DOT, MORPC and LCATS may notdelegatetheir respective roles. 

### IX. Public Consultation Procedures [40 CFR

### 93.105 (e)] MORPC and LCATS will follow their respective adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by MORPC and LCATS at the beginning of the public comment period and priorto taking formal action on a conformity determination forthe RTP and TIP, consistent with these requirements and those of 23 CFR 450.316(a). Meetings ofMORPC and LCATS are open tothe public. Any charges imposed for public inspection and copying should be consistent with the fee schedule contained in 49 CFR 7.43. These agencies also shall provide opportunity for public participation in conformity determinations for projects where otherwise required by law.

Page 11 of 19

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signaturesappearon separate, multiple pages.

William Murdock Executive Director Mid-Ohio Regional Planning Commission Gerald Newton Executive Director Licking CountyArea Transportation Study Scott

### J. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman RegionalAdministrator Region 5 U.S. Environmental Protection Agency Laura S. Leffler Division Administrator Ohio Division Federal HighwayAdministration FHWA-OHisleadforU.S. DOT 

### Marisol Simon RegionalAdministrator Region 5 FederalTransitAuthority

Page12of19

## AUG 157.013 MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, OhioEPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.



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Page 13 of 19

### MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTA and U.S. EPA Note: Signatures appear on separate, multiple pages.

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Page 14of 19

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

# ~ - Date:

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Page15of19MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, OhioEPA, OhioDOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.

Page 16 of 19MEMORANDUM OF UNDERSTANDING TRANSPORTAT!ON CONFORMITY

CONSULTATION PROCEDURES 

### Parties: 1\/TORPC, LCATS,Ohio EPA, Ohio DOT, FHWA, FTA

### and U.S. EPA Note: Signaturesappearon separate, multiple pages

.

..,..---,..------.,-.,...,.-.,....,--- Date: -'---'----'---''·- Susan Hedman, RegionalAdministrator U.S. Envimnmental Protection

### Agency·Hegion5

Page 17 of 19

### MEMORANDUMOFUNDERSTANDING TRANSPORTATIONCONFORMITY

CONSULTATION PROCEDURES Parties: MORPC, LCATS, Ohio EPA, OhioDOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiplepages.

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CONSULTATION PROCEDURES Parties: MORPC, LCATS, OhioEPA,Ohio DOT, FHWA, FTA and U.S. EPA 

### Note: Signatures appearon separate, multiple pages.

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### Marisol Simon, RegionalAdministrator FederalTransitAdministration-Region 5

Page 19of 19

## Attachment I Memorandum ofUnderstandingwith The NortheastOhioAreawideCoordinatingAgency,TheAkron MetropolitanAreaTransportation Study, andThe Erie Regional Planning CommissionMEMORANDUM OF UNDERSTANDING AMONG .THE NORTHEASTOHIO AREAWIDE COORDINATING AGENCY, THE AKRON METROPOLITANAREATRANSPORTATION STUDY, THE ERIE REGIONAL PLANNING COMMISSION, THE OHIO ENVIRONMENTAL PROTECTIONAGENCY, THE OHIO DEPARTMENT OFTRANSPORTATION, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY-REGION 5, THE FEDERAL HIGHWAYADMINISTRATION-OHIODIVISION,AND THE FEDERALTRANSITADMINISTRATION-REGION 5 The purpose ofthis Memorandum of Understanding (MOU) is to implement Section 176 ofthe Clean AirAct {CAA), as amended (42 U.S.C. 7401 etseq.), the related requirements of23 U.S. C. 109U), and regulations under the Code of Federal Regulations (CFR) Section 40, Part 93, SubpartA with respectto the conformityoftransportation plans, programs, and projectsthat are developed, funded or approved by the United States Department ofTransportation (U.S. DOT) and by Metropolitan Planning Organizations (MPOs), and the Ohio Department of Transportation (Ohio DOT), or other recipients of funds under title 23 U.S.C. or the Federal Transit Laws (49 U.S.C. Chapter 

### 53). This MOU sets forth policy, criteria, and procedures .for demonstrating and assuring conformity of such activities to applicable implementation plans developed accordingto PartA, Section 110 and Part 

### Dofthe CAA. This is a MOU concerning the criteria and procedures for the conformity determination of transportation plans, programs and projects in the Cleveland-Akron-Elyria, Ohio Consolidated Metropolitan Statistical areasfor National AmbientAirQuality Standards (NAAQS), pursuantto the CAAAmendments of 1990. Theeight partiestothis MOU are asfollows, hereafterreferredto as "all parties": Akron MetropolitanArea Transportation Study (AMATS) Erie Regional Planning Commission (ERPC) Federal HighwayAdministration-Ohio Division (FHWA-OH) Federal TransitAdministration-Region 

### 5(FTA-R5) NortheastOhio Areawide Coordinating Agency (NOACA) Ohio DepartmentofTransportation (Ohio DOT) Ohio Environmental ProtectionAgency (Ohio EPA) United States Environmental Protection Agency-Region 

### 5 (U.S. EPA-R5) This MOU will 

### be submitted as a revision to the Ohio State Implementation Plan (SIP) required by Section 176 ofthe CAA Amendments of 1990 and will govern conformity determinations in the AMATS, ERPC, and NOACA areas. NOACA is the MPO for Cuyahoga, Geauga, Lake, Lorain (less the city of Vermilion portion ofthe county) and Medina counties. AMATS is the MPO for Summit and Portage counties and Chippewa Township in Wayne County. Chippewa Township is not part ofthe nonattainment area. ERPC is the MPOfor Erie County and the city of Vermilion portion of Lorain County. Only the city of Vermilion portion of the ERPC area is partofthe nonattainmentarea. This MOU will continue to apply to any revised nonattainment area geographies resulting from future designations, ordesignation revisions forthe criteria pollutantswithin theAMATS, ERPC, and NOACAareas.

Page 1of21Execution ofthis MOU by each party shall be by signature ofeach party's representative. The provisions ofthis MOU shall be implemented through appropriate procedures, resolutions, or other means, in order to comply with the requirements of all federal and state laws and regulations relating to the conformity determination and development of applicable implementation plan revisions. The roles, processes and responsibilities of each signatory to this MOU are definedand delineated in the MOU andAttachmentsA and B.

Page 2 of21

### AttachmentA Transportation AirQualityConformityProtocol Conformity Procedures In accordance with the requirements under Section 176 (c)(4)(C) of the CM, Ohio EPA submitted a state implementation plan (SIP) revision to U.S. EPA on August 17, 1995. This submittal was found to be complete on October 5, 1995. In this submittal, Ohio EPA adopted State rules to meetthe requirements of40 CFR Part 51, SubpartT, as published on November 24, 1993. Transportation conformity is required for all nonattainmentormaintenance areas for anytransportation related criteria pollutants [40 CFR 51.394 (b)]. On August 10, 2005, the President signed into law the Safe, Accountable, Flexible, Efficient Transportation EquityAct: A Legacyfor Users (SAFETEA-LU). SAFETEA-LU promotes more efficient and effective Federal surface transportation programs by focusing on transportation issues ofnational significance, while giving State and local transportation decision makers more flexibility for solving transportation problems in their communities. Section 6011 ofSAFETEALU specificallyaddressestransportation conformity. Oneofthe requirements, (f)(4)(E) states, "Not later than 2 years after the date of enactment of the SAFETEA-LU the procedures under subparagraph (A) shall include a requirement that each state include in the state implementation plan criteria and procedures for consultation required by subparagraph (D) (i), and enforcement and enforceability (pursuant to sections 93.125 (c) and 93.122 (a) (4) (ii) of Title 40, Code of Federal Regulations (CFR) inaccordancewiththeAdministrator's criteria and procedures forconsultation, enforcementand enforceability." States are no longer required to adopt all ofthe provisions ofthe federal conformity rule. The three required SIP elements are: 1) consultation procedures [40 CFR 93.105]; 2) procedures for determining regional transportation-related emissions [40 CFR 93.122(a)(4)(ii)]; and 3) enforceability of design concept and scope and project-level mitigation and control measures [40 CFR 93.125 (c)]. In accordance with 40 CFR Section 93.105, the SIPorSIP revision shall include procedures for interagency consultation (federal, state and local), resolution 

### ofconflicts, and public consultation as described in Attachment 

### B. Public consultation shall be developed in accordance with the requirements for public participation in 23 CFR Part 450. The plan shall include procedures to be undertaken by NOACA, AMATS, ERPC, state and federal DOTs, local air quality agencies and U.S. EPA, prior to making conformity determinations, and by state and local air agencies and U.S. EPA with AMATS, ERPC, NOACA. state and federal DOTs. in developing applicable implementation plans. NOACA, AMATS, ERPC and Ohio DOT must provide reasonable opportunity for consultation with Ohio EPA, U.S. EPA and local air quality and transportation agencies as described inAttachment B.

Page 3 of21In accordance with 40 CFR section 93.122 (a)(4)(ii), priorto making a conformitydetermination on the regional transportation plans (RTPs) or transportation improvement programs (TIPs), AMATS, ERPC, and NOACA will not include emissions reduction credits from any control measuresthatare not included in their RTPs orTIPs and that do notrequire a regulatory action in the regional emissions analyses used in the conformity analyses unless NOACA, AMATS, ERPC or FHWA/FTA obtainswritten commitments, as defined in 40 CFR section 93.101, from the appropriate entities to implement those control measures. The written commitments to implementthose control measures must be fulfilled by the appropriate entities. Priorto making a conformity determination on a RTP or TIP, AMATS, ERPC, and NOACA will ensure the project design concept and scope are appropriately identified in the emissions analyses used in the regional conformity analyses. In accordance with 40 CFR section 93.125(c), prior to making a project-level conformity determination for a transportation project, FHWA/FTA must obtain from the project sponsor and/or operator written commitments, as defined in 40 CFR section 93.101, to implement any project-level mitigation or control measures in !he construction or operation of the project identified as conditions for National Environmental Policy Act (NEPA) approval. The written commitments to implement those project-level mitigation or control measures must be fulfilled bythe appropriate entities.

Page 4 of21

### Attachment B InteragencyConsultation Procedures 

### I. General Ohio EPA shall provide well-defined consultation procedures in the SIP whereby all parties to this MOU and other organizations with responsibilities for developing, submitting, or implementing provisions of a SIP must consult with each otheron the development ofthe SIP, the RTPs, the TIPs, and associated conformity determinations in accordance with 40 CFR 93.105(b)(1). These procedures implement the interagency consultation process for NOACA, AMATS and ERPC, and include procedures to be undertaken by all parties to this MOU before making transportation conformity determinations on the RTPs and TIPs in accordance with 40 CFR 93.105(a)(1) and 40 CFR 93.105(c)(3). This area's geographic coverage includes three MPOs: AMATS, ERPC, (representing the Lorain County portion ofthe cityofVermilion), and NOACA in the urban airshed, as well as a county, Ashtabula, which is not part of either MPO. AMATS, NOACA and Ohio DOT (responsible for transportation planning and air quality conformity analyses inAshtabula County), perform conformity analyses for their respective portions ofthe area. NOACAalso is responsibleforthe conformityanalysis forthe Lorain County portion ofthe city of Vermilion for ERPC. These analyses are combined to make a conformity determination forthe area. 

### II. Consultation on Transportation Plans, Transportation Pian Amendments, Transportation Improvement Programs, and Transportation Improvement Program Amendments [40 CFR93.105] Consultation on all non-conformity related aspects of transportation plans, transportation improvement programs, and amendments thereto shall be governed by the applicable participation plans developed pursuant to 23 USC 134/49 USC 5303(i)(5), (i)(6), and 0)(4) and 23 USC 135/49 USC 5304(f)(3) and (g)(3). Consultation on conformity related aspects ofthese activities are delineated below. 

### a) Consultation on Transportation Plan and Transportation Plan Amendment Conformity Process Following NOACA, AMATS and ERPC's notices that the transportation plan's air quality conformity process has been initiated, interagencyconsultation will define the procedures and parameters by which conformity will be established. NOACA and Ohio DOTwill coordinate the interagency consultation process. In accordance with 40 CFR 93.105 (c), interagency consultation will include the following topics, as appropriate:

• travel forecasting and modeling assumptions; • latest planning assumptions; • motorvehicle emission factors to be used in conformity analysis; • appropriate analysis years; • treatment of regionally significant projects (federal and non-federal funded) assumed in the transportation network and the yearofoperation;

Page 5of21• treatmentofregionally significant projectsthat span MPO**boundarie~;** • statusofTCM implementation; • financial constraints and other requirements that affect conformity pursuant to Federal Statewide and Metropolitan Planning regulations; • reliance on a previous regional emissions analysis; • conformity process public participation procedures; and • the needfor interim RTPs (in the eventofaconformity lapse). AMATS, ERPC, and NOACA are lead agencies for development oftheir respective transportation plans and amendments thereto. AMATS is lead agency for the conformity analyses for Portage and Summit Counties. NOACA is the lead agency for the development of the associated transportation conformity analyses for Cuyahoga, Geauga, Lake, Lorain and Medina counties. Only the Lorain County portion of the city of Vermilion portion of the ERPC area is within the conformity analyses area. ERPC will allow NOACA to conduct the analyses for this area. ERPC will be provided the opportunity to review the analyses. The interagency consultation parties will participate in the plan development process, review associated documentation, and collaboratively establish the procedures and parametersfor determiningtransportation plan conformity. If new designations for criteria pollutants occur that expand analyses areas beyond those defined above, interagency consultation will determine the parties responsible for conductingthose analyses in accordancewith 40 CFR 93.105(c)(2)(ii). FollowingAMATS', ERPC's, and NOACA's approval oftheirfinal transportation plans and conformity findings, Ohio DOT will provide the final transportation plans and conformity documentation to FHWAJFTA for joint review as required by 40 CFR 93.105 (c)(7) and 23 CFR 450.322 ofthe FHWAJFTA Statewide and Metropolitan Planning rule. Copies ofthe final transportation plans and conformity documentation also will be made available on theAMATS, ERPC, and NOACAWeb sites. b) Consultation and Notification Procedures for Conformity Analysis of TIP and TIP Amendments Following AMATS', ERPC's, and NOACA's notices that the TIP airquality conformity process has been initiated, interagency consultation will define the procedures and parameters bywhich conformitywill be established. NOACAAMATS and Ohio DOT will coordinate the TIP transportation conformity interagency consultation process. Interagencyconsultation will includethe sametopics listed forthe transportation plan (see Section ll. a) as well as the additional topics listed below in accordance with 40 CFR 93.105 (c).

• identification ofexemptTIP projects: • identification ofexempt projects which should be treated as nonexempt; and • determination of an interim TIP (in the event of a conformity lapse) inclusive of projects that can advance during a conformity lapse. For TIP amendments, AMATS, ERPC, NOACA, and OHIO DOT will consult as identified below:

Page 6of21Consultation required in situations requiring a conformitydetermination, including but not limited to:

• add a regionally significant project to the TIP when it has already been appropriately accounted for in the regional emissions analysis for the transportation plan; • add a non-regionallysignificantprojectto theTIP; • add non-exempt, regionally significant project that has not been accounted for in the regional emissions analysis·, and • change in non-exempt, regionally significantproject that is notconsistentwiththe design concept and scope orthe conformityanalysesyears. After AMATS, ERPC, and NOACA approve their final TIPs and conformity findings, AMATS, ERPC, and NOACA will provide the final TIPs and conformity documentation to Ohio DOT. Ohio DOT will forward the documents to FHWA/FTA for joint review as required by 40 CFR 93.105 (c){7) and 23 CFR 450.322 of the FHWA/FTA Statewide and Metropolitan Planning rule. Copies ofthe final TIPs and conformity documentation will be made available on AMA TS, ERPC, and NOACA Web sites. Ill. Transportation Plan and Transportation Improvement Program Interagency ConsultationAgency Rolesand Responsibilities 

### [40 CFR

### 93.105(b)(2)] OhioEPA • Reviews and comments on all aspects of the conformity determinations for the RTP andTIP in atimelymanner. • Develops, solicits Inputon and adopts motorvehicle emission budgets. • Seeks U.S. EPA approval for the use of motor vehicle emissions factors and mobile source budgets in conformityanalyses. • Reviews and comments on the transportation plan and TIP development documentation and associated airqualityanalyses in atimely manner. OhioDOT • Participates as a voting member of the AMATS, ERPC, and NOACA MPOs governing bodies and associated committees as defined by their respective codes ofregulations and/oragencybylaws. • Project initiator for state sponsored transportation improvement projects in the AMATS, ERPC, and NOACA region. • Works directly with AMATS, ERPC, and NOACA in providing and reviewing detailed project programming information. • Defines the design concept and scope of state sponsored transportation improvement projectsto conduct regional emissions analysis. • Promptly notifies AMATS, ERPC, and NOACA ofchanges in design concept and scope, cost, and implementation year of regionally significant state sponsored projects. • Assures project level CO and PM hotspot analyses are included in AMATS, ERPC, and NOACA region transportation project NEPAdocumentation. • Identifies and commits to project level CO and PM mitigation measures for state sponsored transportation projects, as required;. • ImplementsTCMs forwhich Ohio DOT is responsible in atimelyfashion.

Page 7 of21• Works with local municipalities and other project sponsors to ensure that the above proceduresarealso implementedon locallysponsored highway projects. • Assists AMATS, ERPC, and NOACA with travel demand modeling and mobile source emissions estimating processes. NOACA,AMATSandERPC • Develop, coordinate, and circulate transportation plan and TIP supporting and technical documentationfor interagency consultation and public participation. • Conduct transportation plan/TIP and air quality conformity public participation processes. • Maintain demographic and land use data for travel demand forecasting and regional emissions analysis. • Work with Ohio DOTand local sponsorsto define thedesign concept and scope of projects in the transportation plan and TIP to conduct regional emissions analysis. • Prepare transportation planrriPconformity documentation. • Includefunding for SIP mandatedTCMs in thetransportation plan andTIP. • Adopttransportation plan/TIP and makesconformity determinations. U.S. EPA • Administers and provides guidance on the Clean Air Act and Transportation Conformity regulations. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Reviews and comments on transportation plan and transportation improvement program documentation in keeping with participation plan requirements. • Reviews and comments on conformitydeterminations forthe transportation plans and transportation improvement programs. FHWA/FTA • Consultwith U.S. EPAon transportationconformitydeterminations. • Provide guidance ontransportation planning regulations. • Ensure that all transportation planning and transportation conformity requirements contained in 23 CFR Part 450 and 40 CFR Part 93, respectively, are met. • Workwithtransitagenciesto ensurethatconformity procedures are implemented in transit agency-sponsored projects. • Maketransportation plan/TIP conformitydeterminations 

### IV. State Implementation Plan (SIP) Consultation Process [40 CFR93.105] a) SIP Consultation Structureand Process Ohio EPA is responsible for preparing the SIP. If new transportation control strategies orTCMs are considered necessary to achieve and/or maintain federal air quality standards, the interagency consultation group will discuss possible TCMs for inclusion in the SIP. Ohio EPA will provide and update schedules for SIP developmentthatwill be availableto all agencies and the public. Public involvement will be in accordance with Ohio EPA's public involvement procedures. Key

Page 8 of21documents will be posted on Ohio EPA's Web site. SIP development will normally cover inventory development, determination of emission reductions necessary to achieve and/or maintain federal airqualitystandards, transportation and othercontrol strategies that may be necessary to achieve these standards, contingency measures, and othersuch technical documentation as required. Pursuantto

### 40 CFR 

### 93.105 (b)(2)(vi) the SIP will include a process to develop and evaluate transportation control measures as may be suggested byAMATS, ERPC, NOACA, Ohio DOTand otheragencies and the public. AMATS, ERPC, NOACA and Ohio DOT develop the travel activity and emissions data that are used by Ohio EPA in establishing the on-road motor vehicle emission inventories for the SIP with consultation from Ohio EPA on the inputs for Mobile modeling. If new transportation control strategies are considered that may aid the region to achieve and/ormaintain federal airquality standards, Ohio EPAwill provide NOACA, AMATS, ERPC and Ohio DOTwith guidanceforestimating their impacts on regional em1ss1ons. Ohio EPA will utilize the results of these analyses to evaluate the measures and receive public comment on potential new measures through the SIP consultation process. This SIP process will define the motor vehicle emissions budget (MVEB), and its various components, that will be used forfuture conformity determinations of the RTP and TIP. Prior to publishing the draft SIP, NOACA, AMATS, ERPC and Ohio DOT will have an opportunity to review and comment on the proposed MVEB. In accordance with 

### 40 CFR

### 93.105 (b)(2)(iii)and

### 40 CFR 

### 93.105 (c)(7) Ohio EPAwill circulate the draft SIP for public review, and all comments will be responded to in writing prior to adoption of the SIP. The draft will be amended as needed in responseto comments received. Ohio EPAwill then transmitthefinal documentwith amendments, along with the public notice, public hearing transcript and a summary ofcommentsand responses, to U.S. EPA. b) Agency Roles and Responsibilities [40 CFR 93.105(b)(2){i)] The following provides a summary on the roles and responsibilities ofthe different agencies with involvement in developmentand review ofSIP submittals dealing with TCMs oremissions budgets. Ohio EPA • Responsible for air quality monitoring, preparation and maintenance of detailed and comprehensive emissions inventories. air quality modeling, and other air quality planning and control responsibilities. • Responsible for preparing drafts of .SIP submittals, revising those drafts, incorporating other agencies' comments, attending and scheduling public hearings, preparing public hearing transcripts and responding to public comments. • Responsible fortimely SIP submittalto U.S. EPA.

Page 9 of21OhioDOT • Assists in developing regional travel demand forecasts used in the SIP mobile emissions inventories and analysesofnewTCMs. • Assists in developing mobile source inventories and analyses as needed. • Participates in reviewing and commenting on draft SIPdocuments. NOACA,AMATS and ERPC • Responsible for developing regional travel demand forecasts used in the SIP emissions inventories and analyses of newTCMs. • Monitorand reporton implementation offederalTCMs. • Responsiblefor providing review and comments on draftSIP documents. U.S. EPA • Receives the Ohio EPA SIP submittals andhas the responsibility to act on them in atimely manner. • Directly influencesthe contentofthesubmittalsthrough regulations implementing the federal Clean Air Act and has the opportunity to influence the submittals through various meetings, workshops and hearing thatare conducted. • Provides guidance on the Clean AirAct. • Determines adequacy of motor vehicle emissions budget used for making conformitydeterminations. • Provides concurrencewithTCMsubstitution inthe SIP. FHWA/FTA • Provides guidance on transportation planning regulation. • Participates in the SIP review and comment process. Please note: while these are keyareas andagenciesinvolvedin the development ofthe SIP. participation in the SIPprocess byotheragenciesmayoccur. V. Project Level Conformity Determinations for Carbon Monoxide (CO) and/or Fine Particulate Matter(PM2.sl [40 CFR 93.105 (c)(1)(i)] Project sponsors are required to conduct project level conformity analyses by the FHWA/FTA NEPA process. FHWA/FTA are responsible for making all project-level conformity determinations. FHWAIFTA, With the participation of U.S. EPA. identifies the applicable procedures for CO and/or PM2.5 analyses. Project sponsors should use the most recently identified procedures. In accordance with 40 CFR 93.105 (c)(1)(i) and other applicable regulations, Ohio DOTwill determinethefollowing: 1. That FHWA/FTA, with U.S. EPA review participation, has approved the projectlevel CO and/or PM2.5 conformity analyses which are included in the project's environmental documentpriorto initiatingfederal authorizations. 

### 2. That the design concept and scope ofthe project has not changed significantly from that used by AMATS, ERPC, NOACA and Ohio DOT in their most recent regional transportation conformity analyses ofthe RTP and TIP.

Page 10 of21The AMATS, ERPC, and NOACA respective governing board or policy committees may periodically review and participate with Ohio DOT and other agencies as appropriate in the update ofthe CO and/or PM2.5 analyses. Through the NEPA process, Ohio DOT may provide technical guidanceto projectsponsorswho usethese procedures. 

### VI. MonitoringofTransportation Control Measures{TCMs) [40 

### CFR 93.105 (c)(iv)] As part of the conformity documentation for an RTP and/or TIP, AMATS, ERPC, and NOACA will identify the status of SIP TCMs. If TCM emissions reductions are included as part ofthe motor vehicle emissions budget, AMATS, ERPC, and NOACA will estimate the portion of emission reductions that have been achieved. If there are funding or scheduling issues for a SIPtransportation control measure, AMATS, ERPC, and NOACA will describe the steps being undertaken to overcome these obstacles, including means to ensure that funding agencies are giving theseTCMs maximum priority. AMATS, ERPC, and NOACA may propose substitutionof a newTCM forall ora portion ofan existing TCMthat is experiencing implementation difficulties (see Section VII below). VII. 

### SubstitutionofTCMs in the 

### SIP [40 

### CFR 93.105 (c)(iv)j AMATS, ERPC, and/or NOACA shall prepare information on and documentation of the substitute TCM(s) and submit it to Ohio EPA and U.S. EPA for review and comment. Ohio EPA will work with AMATS, ERPC, NOACAand U.S. EPA in orderto ensure thatthe requested revision provides an emission reduction equivalentto the original SIP TCM(s) and will officially submit the document to U.S. EPA for approval. Following US EPA approval ofthe substitute TCM(s), the respective NOACA, AMATS, and ERPC governing boards or policy committees will amend the TCM(s) in to their respective RTPs and TIPs and work with the affected project sponsorsto implementtheTCM(s). VIII. 

### Conflict Resolution [40 

### CFR 93.105 

### (d)] Conflicts between any parties of this MOU that arise during consultation will be resolved as follows: 1. A statement ofthe nature of the conflict will be prepared and agreed to by the conflicting partiesand shared with the remaining signatories. 

### 2. Disagreeing parties will consult in a good faith effort to resolve the conflict in a manneracceptable to all parties. 3. 

### If they are unsuccessful, the directors of the signatory agencies or.their designeesshall meetto resolve differences in amanneracceptableto all parties. 4. If none ofthe above steps produces a satisfactory resolution, any participant to this agreement has 14 days to appeal to the Governor. Ifa party otherthan Ohio EPA appeals to the Governor, that participant must inform the Ohio EPA ofthe Governor's response to the appeal. Ohio EPA has 14 calendar days from that notification to appeal to the Governor if it disagrees with the response. The implementation plan revision required by 40 CFR 51.390 shall define the procedures for starting the 14-day clock. If Ohio EPA appeals to the Governor,

Page 11 of21thefinal conformitydetermination must havethe concurrence ofthe Governor. If Ohio EPA does not appeal to the Governor within 14 days, AMATS, ERPC, NOACA and Ohio DOT may proceed with the final conformity determinations. The Governormaydelegate his orherrole in the process, butthe head orstaffof Ohio EPA, Ohio DOT, AMATS, ERPC and NOACA may not delegate their respective roles. 

### IX. Public Consultation Procedures [40 CFR

### 93.105 (e)] AMATS, ERPC, and NOACA will followtheir respective adopted public participation procedures when making conformity determinations on transportation plans and programs. These procedures establish a proactive public participation process which provides opportunity for public review and comment by, at a minimum, providing reasonable public access to technical and policy information considered by NOACA, AMA TS or ERPC at the beginning ofthe public comment period and priorto takingformal action on a conformity determination forthe RTP and TIP, consistentwith these requirements and those of23 CFR450.316(a). Meetings ofAMATS, ERPC, and NOACA are open to the public. Any charges imposed for public inspection and copying should be consistentwith the fee schedule contained in 49 CFR 7.43. These agencies also shall provide opportunity for public participation in conformity determinations lor projects where otherwise required by law.

Page 12of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S.EPA LIST ofSIGNATORIES Note: Signatures appearon separate, multiple pages.

Grace Gallucci Executive Director NortheastOhioAreawide CoordinatingAgency Jason Segedy Director Akron MetropolitanArea Transportation Study Steve Poggiali Executive Director Erie Regional Planning Commission Scott

### J. Nally Director Ohio Environmental Protection Agency JerryWray Director Ohio DepartmentofTransportation Susan Hedman Regional Administrator Region 5 U.S. Environmental Protection Agency Laura S. Leffler DivisionAdministrator Ohio Division Federal HighwayAdministration FHWA-OHisleadforU.S. DOT 

### Marisol Simon Regional Administrator Region 5 Federal TransitAuthority

Page 13of 21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA,AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, PTA and U.S. EPA Note: Signaturesappearon separate, multiple pages.



### Grace Gallucci, Executive Director NortheastOhioAreawide Coordinating Agency

Page 14of21

## AUG 1 5

# 1013 MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA,AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.

# ~**~ ~**  o.te 

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# n "Jasonsege Y;Direeto'i' Akron MetropolitanAreaTransportation Study

Page 15of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA,AMATS, ERPC, OhioEPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signatures appearon separate, multiple pages.



# \.= Date: 

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# l.:S- 

# 13 Steve Pog cutive Director Erie Regional PlanningCommission

Page 16of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiple pages.



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Page 17 of21MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

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### on separate, multiplepages.

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Page 19 of21

### MEMORANDUM OF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA,AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA Note: Signaturesappearon separate, multiplepages.

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Page 20 of21MEMORANDUMOF UNDERSTANDING TRANSPORTATION CONFORMITY

CONSULTATION PROCEDURES Parties: NOACA, AMATS, ERPC, Ohio EPA, Ohio DOT, FHWA, FTAand U.S. EPA 

### Note: Signatures appearonseparate, multiplepages.

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## 1} Marisol Simon, RegionalAdministrator Federal TransitAdministration·Region 5

Page21 of21

## BEFORE THE OHIO EPA

IN RE: USEPA UPDATE OF OHIO PROCESSES AND PROCEDURES FOR TRANSPORTATION CONFORMITY

Taken before Michelle K. Douridas,

a Registered Professional Reporter and Notary Public in and for the State of Ohio, at 50 

## East Town Street, Columbus, Ohio, commencing on Monday, September 24th, 2012, at 10:30 a.m.

MODERATOR MARY McCARRON



# Fuale(V Coopeu ProfessionalCourtReporters lY:@in**0ffi(~1** 8036 Sn1oke Road Pataskala, Ohio43062 (7401 927-3338 (800I a:12-6l6l Fax (740) 927-3436 www.FraleyCooper.com Columbus, Ohio (614) 22()-0018 Newark, Ohio (740) 345-B556

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### Monday Morning Session September 24th, 2012 10:30 a.m.

McCarron. Ohio EPA. 8 hearing.
9 

### P R 0 C E E D I N G S

MEDIATOR McCARRON: My name is Mary I'm public information officer for I'll be presiding over today's

The purpose of the hearing today is to
10 

### obtain comments from any interested person 11 regarding Ohio EPA's proposed action.

12 

### The State of Ohio is requesting that the

13 

### USEPA update Ohio processes and procedures for

14 

### transportation conformity in Ohio's State

15 

### Implementation Plan.

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### This update consists of a Memorandum of

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### Understanding among Ohio EPA, Ohio Department of

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### Transportation, USEPA, Federal Highway

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### Administration, and the Federal Transit

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### Administration.

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### Comments can be submitted until the

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### close of business today, September 24th, 2012.
23 

### All interested persons are entitled to
24 

### attend or be represented and to present oral

Fraley. Cooper& Associates (614)228-0018 (800) 852-6163 (740) 345-8556

### Page3



### and/or written comments concerning the proposed

2 

### action. 3 All written and oral comments received
4 

### as part of the official record will be considered 5 by the Director of Ohio EPA before a final 6 decision is made.

7 

### At this time there is nobody present to 8 provide testimony, so we'll go off the record for 9 30 minutes.

10
11 

### (Short break in proceedings.) MEDIATOR McCARRON: No one is present to

12 

### provide testimony, so we will adjourn this

13
14
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### hearing. The time is now 11:00.

Thereupon, at 11:00 a.m. on Monday,

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### September 24th, 2012, the hearing was adjourned.

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Fraley, Cooper& Associates (614)228-0018 (800) 852-6163 (740)345-8556

### C E R T I F I C A T E 2 STATE OF OHIO 

# ss: 3 COUNTY OF LICKING 4 I, Michelle K. Douridas, a Registered Professional Reporter and Notary Public in and 5 for the State of Ohio, duly commissioned and qualified, do hereby certify that this hearing Page4



### 6 was by me reduced to stenotype; that the foregoing is a true and correct transcript of the 7 hearing; that the hearing was taken at the time and place in the caption specified and was 8 

### completed without adjournment; and that I am in no way related to or employed by any attorney or 9 party hereto, or financially interested in the action, and I am not, nor is the court reporting 10 

### firm with which I am affiliated, under a contract as defined in Civil Rule 28(D). 11 

### IN WITNESS WHEREOF, I have hereunto set 12 

### my hand and affixed my seal of office at Pataskala, Ohio, on this 8th day of October, 13 

### 20 12

. 14 15

16 17 18 19 20 21 22 23 24 

### My Commission Expires: K. DOURIDAS, RPR NOTARY PUBLIC-STATE OF OHIO

July 16th, 2013.

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